Landlord's Request for Favorable Order Is Premature

LVT Number: 10912

(Decision submitted by Manhattan attorney Bruce Levinson, who represented the tenant.) Landlord sued to evict tenant for nonprimary residence. Before tenant filed an answer to landlord's petition, landlord was granted permission to conduct pretrial questioning. After the questioning, landlord asked the court to rule in its favor without a trial. The court ruled against landlord. Since tenant hadn't yet filed an answer to the petition, landlord's request was premature.

(Decision submitted by Manhattan attorney Bruce Levinson, who represented the tenant.) Landlord sued to evict tenant for nonprimary residence. Before tenant filed an answer to landlord's petition, landlord was granted permission to conduct pretrial questioning. After the questioning, landlord asked the court to rule in its favor without a trial. The court ruled against landlord. Since tenant hadn't yet filed an answer to the petition, landlord's request was premature.

Kips Bay Towers Assoc. v. Stroden: Index No. 121291/95 (7/23/96) (Civ. Ct. NY; Payne, J) [2-page document]

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