Prior Sublet Case Didn't Nullify Primary Residence Case

December 1, 2001

LVT Number: 15441

Landlord sued to evict tenant for nonprimary residence. Tenant asked the court to dismiss the case because landlord had previously sued to evict tenant for illegally subletting, and that case had been discontinued. The court ruled for tenant. Landlord appealed and won. The illegal sublet case was discontinued and wasn't inconsistent with the nonprimary residence case. The prior action didn't nullify the nonrenewal notice landlord had delivered to tenant.

Landlord sued to evict tenant for nonprimary residence. Tenant asked the court to dismiss the case because landlord had previously sued to evict tenant for illegally subletting, and that case had been discontinued. The court ruled for tenant. Landlord appealed and won. The illegal sublet case was discontinued and wasn't inconsistent with the nonprimary residence case. The prior action didn't nullify the nonrenewal notice landlord had delivered to tenant. And landlord's acceptance of a single check from tenant, which landlord hadn't billed for, during the window period between termination of the tenancy and the start of the nonprimary residence case didn't constitute a waiver.

West Waverly Equities Group v. Lieff: NYLJ, 11/19/01, p. 24, col. 5 (App. T.1 Dept.; Parness, PJ, Gangel-Jacob, Suarez, JJ)

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