Nonpayment Proceeding Dismissed After Later Holdover Proceeding Settled

LVT Number: #27349

Landlord sued to evict tenant for nonpayment of rent while tenant’s lease was still in effect. While that case was still pending, landlord sued to evict tenant in a holdover proceeding after tenant’s lease expired. Landlord and tenant signed a settlement agreement in court resolving the holdover proceeding. Among other things, tenant agreed to move out. Tenant then asked the court to dismiss the nonpayment proceeding, claiming that it had been abandoned by landlord. The court ruled for tenant.

Landlord sued to evict tenant for nonpayment of rent while tenant’s lease was still in effect. While that case was still pending, landlord sued to evict tenant in a holdover proceeding after tenant’s lease expired. Landlord and tenant signed a settlement agreement in court resolving the holdover proceeding. Among other things, tenant agreed to move out. Tenant then asked the court to dismiss the nonpayment proceeding, claiming that it had been abandoned by landlord. The court ruled for tenant. After the holdover proceeding was resolved, the court had no jurisdiction over the nonpayment case and it must be dismissed.

 

 
Taylor v. Stein: Index No. 15060641, NYLJ No. 1202769544810 (Town Ct. Westchester; 10/4/16; Rivera, J)