Prior Nonprimary Residence Case Abandoned

April 30, 2001

LVT Number: 14943

Landlord sued to evict loft tenant for nonprimary residence. The court dismissed the case after finding that there was a prior case pending for the same relief. Landlord appealed, claiming that the prior case had been abandoned. The appeals court ruled for landlord. Landlord and tenant had agreed to mark the prior case off the court calendar in 1993, pending pretrial questioning that never took place. The prior case was never restored to the court's calendar. So it should have been deemed abandoned. Landlord wasn't required, at this late date, to request discontinuance of the 1993 case.

Landlord sued to evict loft tenant for nonprimary residence. The court dismissed the case after finding that there was a prior case pending for the same relief. Landlord appealed, claiming that the prior case had been abandoned. The appeals court ruled for landlord. Landlord and tenant had agreed to mark the prior case off the court calendar in 1993, pending pretrial questioning that never took place. The prior case was never restored to the court's calendar. So it should have been deemed abandoned. Landlord wasn't required, at this late date, to request discontinuance of the 1993 case.

Basch v. Schriber: NYLJ, 4/25/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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