Eviction Case Sent Back to State Court

December 1, 2003

LVT Number: 16994

Landlord sued to evict tenant after tenant refused to renew his rent-stabilized lease at the rent amount offered by landlord. Tenant was represented by a guardian because he previously was deemed incapacitated by another court. In response to the eviction petition, the guardian asked for a jury trial. Landlord asked the court to dismiss this demand. The housing court sent the case to federal court because landlord's request raised questions about the guardian's constitutional rights. The federal court sent the case back to state court.

Landlord sued to evict tenant after tenant refused to renew his rent-stabilized lease at the rent amount offered by landlord. Tenant was represented by a guardian because he previously was deemed incapacitated by another court. In response to the eviction petition, the guardian asked for a jury trial. Landlord asked the court to dismiss this demand. The housing court sent the case to federal court because landlord's request raised questions about the guardian's constitutional rights. The federal court sent the case back to state court. There was nothing in the eviction case that raised a federal question.

Metropolitan Ins. and Annuity Co. v. Barclay: NYLJ, 11/4/03, p. 20, col. 3 (S.D.N.Y.; Keenan, J)

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