Tenant Can Discontinue Negligence Case

February 1, 2005

LVT Number: 17857

Tenant sued landlord in New York County for negligence, based on injuries to her child from a fire at landlord's Staten Island building. Tenant later asked the court for permission to discontinue the case so that he could sue landlord instead in Kings County court. Landlord's business office was in Brooklyn. Landlord argued that tenant was trying to switch courts to gain an unfair advantage and shouldn't be allowed to do so. The court ruled for tenant on the condition that tenant pay landlord's costs for defending against tenant's motion.

Tenant sued landlord in New York County for negligence, based on injuries to her child from a fire at landlord's Staten Island building. Tenant later asked the court for permission to discontinue the case so that he could sue landlord instead in Kings County court. Landlord's business office was in Brooklyn. Landlord argued that tenant was trying to switch courts to gain an unfair advantage and shouldn't be allowed to do so. The court ruled for tenant on the condition that tenant pay landlord's costs for defending against tenant's motion.

Carter v. Howland Hook Housing Co., Inc.: NYLJ, 1/31/05, p. 19, col. 1 (Sup. Ct. NY; James, J)

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