Occupant Can't Sue for Pass-On Rights During Eviction Case

Apartment occupant sued landlord in State Supreme Court, claiming that he had pass-on rights to tenant’s apartment. Landlord asked the court to dismiss the case. Landlord had already started an eviction proceeding and argued that all issues could be addressed in that case. The court ruled for landlord on the condition that full pretrial questioning be granted in the eviction proceeding. The court later granted occupant’s request to reargue and restore the action to the court’s calendar. Landlord appealed and won. When no other action or proceeding is pending in housing court, a tenant can start an action in Supreme Court to seek a declaration concerning succession rights. But landlord had already started an eviction proceeding, and occupant’s claim could be fully addressed there. The Supreme Court should simply have dismissed occupant’s case.

Brecker v. 295 Central Park West, Inc.: NYLJ, 3/29/10, p. 25, col. 4 (App. Div. 1 Dept.; Gonzalez, PJ, Moskowitz, Freedman, Richter, Roman, JJ)