Landlord Not Barred by Prior Eviction Case

September 30, 1999

LVT Number: 13559

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case because landlord had previously started another eviction case against tenant that was still pending. The court ruled against tenant. Landlord's other case was based on its claim that tenant had violated a substantial obligation of his tenancy by using the apartment for business purposes without landlord's permission. The prior case had been marked off the court's calendar a few months earlier.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case because landlord had previously started another eviction case against tenant that was still pending. The court ruled against tenant. Landlord's other case was based on its claim that tenant had violated a substantial obligation of his tenancy by using the apartment for business purposes without landlord's permission. The prior case had been marked off the court's calendar a few months earlier. Because the prior case was based on different ground, landlord wasn't barred from bringing the new eviction case.

ALH Properties Thirteen Inc. v. Li: NYLJ, p. 27, col. 4 (9/1/99) (Civ. Ct. NY; Hagler, J)

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