Eviction Case Consolidated with Tenant's Case to Void Sale

May 31, 2006

LVT Number: 18901

Landlord sued to evict tenant in housing court. Landlord bought tenant's co-op apartment in a foreclosure sale after tenant had defaulted on maintenance and mortgage payments. Tenant then sued landlord and her mortgage lender to void the sale of the apartment. Tenant asked the court to consolidate the two cases. The court ruled for tenant. Tenant claimed she never got notice of the foreclosure or the apartment sale. The two cases involved some of the same questions of law and fact.

Landlord sued to evict tenant in housing court. Landlord bought tenant's co-op apartment in a foreclosure sale after tenant had defaulted on maintenance and mortgage payments. Tenant then sued landlord and her mortgage lender to void the sale of the apartment. Tenant asked the court to consolidate the two cases. The court ruled for tenant. Tenant claimed she never got notice of the foreclosure or the apartment sale. The two cases involved some of the same questions of law and fact. And the fact that the eviction case would be delayed by the consolidation didn't bar the court from consolidating the cases.

Potocnik v. Citibank NA: NYLJ, 5/17/06, p. 22, col. 3 (Sup. Ct. NY; James, J)

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