Tenants Must Raise Claims Against Landlord in Pending Eviction Case

December 1, 2007

LVT Number: #20032

Landlord sued to evict tenants in Civil Court. Tenants then sued landlord in State Supreme Court, claiming that they had a joint venture agreement with landlord and that landlord was violating that agreement. Tenants asked the Supreme Court to take over the eviction case and combine it with their case against landlord. They asked the court to bar landlord from selling the building. The court ruled against tenants. Tenants appealed and lost. Tenants can raise their claims as defenses in the eviction proceeding, and can seek money damages there as well.

Landlord sued to evict tenants in Civil Court. Tenants then sued landlord in State Supreme Court, claiming that they had a joint venture agreement with landlord and that landlord was violating that agreement. Tenants asked the Supreme Court to take over the eviction case and combine it with their case against landlord. They asked the court to bar landlord from selling the building. The court ruled against tenants. Tenants appealed and lost. Tenants can raise their claims as defenses in the eviction proceeding, and can seek money damages there as well. The Civil Court was a better court for resolving landlord-tenant disputes.

Langotsky v. 537 Greenwich LLC: NYLJ, 11/19/07, p. 28, col. 4 (App. Div. 1 Dept.; Andrias, JP, Marlow, Williams, Buckley, Malone, JJ)

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