Nonpayment Case Converted Into Eviction Case

LVT Number: 15054

Landlord sued to evict tenant for nonpayment of rent. While the case was pending, landlord asked the court to convert the case into a holdover eviction case. The court did so and ruled for landlord. Tenant appealed and won. It was improper to convert the case from a nonpayment to a holdover, especially since no termination notice had been sent to tenant.

Landlord sued to evict tenant for nonpayment of rent. While the case was pending, landlord asked the court to convert the case into a holdover eviction case. The court did so and ruled for landlord. Tenant appealed and won. It was improper to convert the case from a nonpayment to a holdover, especially since no termination notice had been sent to tenant.

Luciano v. Pironti: NYLJ, 5/30/01, p. 20, col. 2 (App. T.2 Dept.; Doyle, JP, Colabella, Coppola, JJ)