Second Nonpayment Case Supersedes First

August 31, 1996

LVT Number: 10852

Landlord sued to evict tenant for nonpayment of rent. Landlord's petition was dismissed for procedural reasons. Landlord then started a second nonpayment proceeding. Landlord also appealed the dismissal of the first nonpayment proceeding. The court ruled against landlord. Since landlord's first nonpayment case was dismissed without prejudice and landlord had started a second proceeding, continuation of the first proceeding was unnecessary.

Landlord sued to evict tenant for nonpayment of rent. Landlord's petition was dismissed for procedural reasons. Landlord then started a second nonpayment proceeding. Landlord also appealed the dismissal of the first nonpayment proceeding. The court ruled against landlord. Since landlord's first nonpayment case was dismissed without prejudice and landlord had started a second proceeding, continuation of the first proceeding was unnecessary.

Fame Company v. Slochowsky: NYLJ, p. 21, col. 1 (8/22/96) (App. T. 1 Dept.; Ostrau, JP, Freedman, Davis, JJ)

Topics

More like this