DA Can't Appeal Illegal-Use Eviction Case Dismissal

LVT Number: #22734

Landlord sued to evict tenants for illegal use of their apartment after the Queens County DA directed landlord to remove tenants. The court ruled against landlord after a trial, finding that the case was moot because tenants and the City of New York had signed a settlement agreement in a nuisance abatement action. After learning that landlord wouldn’t appeal, the DA asked for permission to join in the case. The court ruled against the DA, who appealed and lost.

Landlord sued to evict tenants for illegal use of their apartment after the Queens County DA directed landlord to remove tenants. The court ruled against landlord after a trial, finding that the case was moot because tenants and the City of New York had signed a settlement agreement in a nuisance abatement action. After learning that landlord wouldn’t appeal, the DA asked for permission to join in the case. The court ruled against the DA, who appealed and lost. Real Properties and Proceeding Law Section 715 doesn’t give the DA the authority to override landlord’s decision not to appeal the dismissal of its case or to pursue an appeal on his own. Landlord complied with the law by starting the eviction proceeding after being ordered to do so by the DA.

37-01 31st Avenue Realty Corp. v. Mohammed: NYLJ, 6/16/10, p. 35, col. 4 (App. T. 2 Dept.; Weston, JP, Rios, Steinhardt, JJ)