Eviction Proceeding Dismissed After Landlord Starts Second Proceeding Against Same Tenant

Landlord sued to evict tenant in September 2023, claiming that tenant was exempt from rent stabilization due to high-rent deregulation. In response, tenant claimed that the apartment was rent stabilized. Prior landlord had registered the apartment with the DHCR. In a separate eviction action filed in March 2024, landlord claimed that the apartment was rent stabilized but had amended the petition in that case to state that the apartment was exempt. The court noted that this was prejudicial and confusing and dismissed the 2023 proceeding because both cases were now litigating the proper legal status of the apartment. The issues could be fought out in the second proceeding; the 2023 case was now moot.

562 West 174th Equities v. Mednik: Index No. LT-317355-23, 2025 NY Slip Op 31529(U)(Civ. Ct. NY; 4/21/25; Chinea, J)