Eviction Proceeding Dismissed Because Later Court Action Reaffirmed Tenancy

Landlord sued to evict tenant for creating a nuisance. The court granted tenant's request to dismiss the case. After sending tenant a termination notice in March 2018 and filing the eviction case papers, landlord started a separate action in state Supreme Court seeking rent for periods starting in July 2019. In the second case, landlord alleged that rents were due under a lease/agreement to pay rent. This was inconsistent with the allegation in the eviction proceeding that the tenancy had been terminated. And even though landlord's attorney stated in the Supreme Court rent case that the second action to recover back rent was "without prejudice to the pending nuisance holdover proceeding," the housing court found that the landlord's attempt to reserve its rights had no legal effect. The court also found that landlord had taken a number of steps to reaffirm the existence of the tenancy after it started the eviction proceeding.

609 West Associates, LP v. Estrella: Index No. L&T 061549/2018, 2023 NY Slip Op 33045(U), NYLJ No. 1694118126 (Civ. Ct. NY; 8/25/23; Arrindell, J)