Prior Court Ruling Barred New Claim

March 1, 2010

LVT Number: #22483

Landlord sued to evict loft tenant for nonprimary residence. Tenant had one lease for two lofts on two separate floors. Tenant rented out the upper-floor loft and lived solely in the lower-floor loft. The court dismissed the case. Landlord appealed and lost. In a prior eviction action, a court ruled in 1996 that both lofts were tenant’s primary residence. Tenant’s lease, for the two lofts, permitted subletting, and Real Property Law Section 235-f permitted tenant to live with her family and an additional occupant.

Landlord sued to evict loft tenant for nonprimary residence. Tenant had one lease for two lofts on two separate floors. Tenant rented out the upper-floor loft and lived solely in the lower-floor loft. The court dismissed the case. Landlord appealed and lost. In a prior eviction action, a court ruled in 1996 that both lofts were tenant’s primary residence. Tenant’s lease, for the two lofts, permitted subletting, and Real Property Law Section 235-f permitted tenant to live with her family and an additional occupant. Nothing had changed since the first court decision, so landlord couldn’t make the same claim again in a new case.

Ginezra Associates LLC v. Ifantopoulos: NYLJ, 2/8/10, p. 25, col. 1 (App. Div. 1 Dept.; Friedman, JP, Sweeny, Freedman, Abdus-Salaam, JJ)

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