Nonpayment Case Dismissed Based on Prior Ejection Claim
LVT Number: 16397
Facts: Landlord sued to eject tenant in Supreme Court after canceling tenant's lease. While that case was pending, the court ordered tenant to pay $900 monthly use and occupancy. Landlord then sued in civil court to evict tenant for nonpayment of $7,600 in back rent. Tenant asked the court to dismiss the nonpayment case. Court: Tenant wins. Since landlord had already started the ejectment action, it had chosen its remedy and couldn't also maintain the nonpayment case.
518 E. 80th St. Co., LLC v. Smith: NYLJ, 1/29/03, p. 19, col. 1 (Civ. Ct. NY; McClanahan, J)