Landlord Seeks Eviction for Chronic Nonpayment

December 1, 2011

LVT Number: #23745

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant asked the court to dismiss the case, claiming that there were no legal grounds for the action. The court and appeals court ruled against tenant. Landlord had commenced three summary nonpayment proceedings against tenant between 2009 and 2010. This was a sufficient legal basis for a claim of chronic nonpayment. Landlord could proceed with the case.

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant asked the court to dismiss the case, claiming that there were no legal grounds for the action. The court and appeals court ruled against tenant. Landlord had commenced three summary nonpayment proceedings against tenant between 2009 and 2010. This was a sufficient legal basis for a claim of chronic nonpayment. Landlord could proceed with the case.

Ludor Properties LLC v. Brooks: 2011 NY Slip Op 52125(U), 2011 WL 5964507 (App. T. 1 Dept.; 11/29/11; Shulman, JP, Hunter Jr., Torres, JJ)

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