Illegal Multiple Dwelling

January 1, 1998

LVT Number: 12026

Landlord sued to evict tenant. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and dismissed the case. Landlord admitted at a trial that tenant's apartment was an illegal multiple dwelling. So landlord couldn't maintain a summary proceeding, and the lower court should have dismissed the case.

Landlord sued to evict tenant. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and dismissed the case. Landlord admitted at a trial that tenant's apartment was an illegal multiple dwelling. So landlord couldn't maintain a summary proceeding, and the lower court should have dismissed the case.

Lee v. Thomas: NYLJ, p. 32, col. 6 (12/3/97) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Chetta, JJ)

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