Civil Court Can Decide Ejectment Case

February 1, 1999

LVT Number: 12970

Landlord sued in Civil Court to eject tenant from an illegal basement apartment. Tenant claimed that landlord was already suing tenant in the state's Supreme Court for damages based on various breaches of tenant's lease. Tenant claimed that landlord shouldn't be allowed to bring the second case in Civil Court. The court ruled against tenant. The Supreme Court action was for money damages only. This didn't bar landlord from bringing the Civil Court case to recover possession of the apartment.

Landlord sued in Civil Court to eject tenant from an illegal basement apartment. Tenant claimed that landlord was already suing tenant in the state's Supreme Court for damages based on various breaches of tenant's lease. Tenant claimed that landlord shouldn't be allowed to bring the second case in Civil Court. The court ruled against tenant. The Supreme Court action was for money damages only. This didn't bar landlord from bringing the Civil Court case to recover possession of the apartment.

Gellerman v. Mayer: NYLJ, p. 28, col. 3 (1/6/99) (Civ. Ct. Queens; Greenbaum, J)

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