Illegal Sublet Case Pending

LVT Number: 15443

Landlord sued to evict tenant for nonprimary residence. Tenant asked the court to dismiss the case because landlord already had an illegal sublet action pending against him. The court ruled against tenant. Tenant appealed and lost. The prior pending case was based on different grounds and didn't bar landlord from going forward with the nonprimary residence case.

Landlord sued to evict tenant for nonprimary residence. Tenant asked the court to dismiss the case because landlord already had an illegal sublet action pending against him. The court ruled against tenant. Tenant appealed and lost. The prior pending case was based on different grounds and didn't bar landlord from going forward with the nonprimary residence case.

Pagano v. Cohen: NYLJ, 11/29/01, p. 23, col. 4 (App. T.2 Dept.; Scholnick, PJ, Patterson, Golia, JJ)