Landlord Could Get Apartment Despite Dismissal of Prior Case

August 31, 1997

LVT Number: 11788

Landlord sued to evict rent-stabilized tenant to recover the apartment for his daughter. Tenant pointed out that landlord previously had sued to evict her in 1979 and that the prior case was discontinued ``with prejudice.'' Tenant claimed this barred landlord from proceeding again now. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. The discontinuance of the prior case didn't affect the rule of law in the current case. The settlement of the prior case merely gave tenant the right to a renewal lease in accordance with the rent stabilization law.

Landlord sued to evict rent-stabilized tenant to recover the apartment for his daughter. Tenant pointed out that landlord previously had sued to evict her in 1979 and that the prior case was discontinued ``with prejudice.'' Tenant claimed this barred landlord from proceeding again now. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. The discontinuance of the prior case didn't affect the rule of law in the current case. The settlement of the prior case merely gave tenant the right to a renewal lease in accordance with the rent stabilization law.

Monacelli v. Farrington: 658 NYS2d 623 (1997) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Ellerin, Williams, Colabella, JJ)

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