Landlord Can Maintain Nonpayment Proceeding

May 31, 1994

LVT Number: 8864

Landlord sued to evict Westchester tenant for nonpayment of rent. At the same time, landlord also brought a holdover proceeding against tenant. The court dismissed the holdover because it was inconsistent to bring both a holdover and nonpayment proceeding together. But, the court ruled for landlord in the nonpayment case, and tenant appealed. The appeals court ruled against tenant. Landlord could maintain the nonpayment proceeding.

Landlord sued to evict Westchester tenant for nonpayment of rent. At the same time, landlord also brought a holdover proceeding against tenant. The court dismissed the holdover because it was inconsistent to bring both a holdover and nonpayment proceeding together. But, the court ruled for landlord in the nonpayment case, and tenant appealed. The appeals court ruled against tenant. Landlord could maintain the nonpayment proceeding.

Kesten v. Ansell: NYLJ, p. 32, col. 5 (5/19/94) (App. T. 2 Dept.; DiPaola, PJ, Ingrassia, Luciano, JJ)

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