Notice of Discontinuance Can't Be Filed After Tenant Answers Petition

(Decision submitted by attorney John Bart of DC 37  Municipal Employees Legal Services, who represented the tenant.)

Landlord sued to evict tenant for nonpayment of rent on March 3, 2021. Tenant immediately filed a Hardship Declaration. Tenant then retained an attorney who filed a notice of appearance on March 12, 2021, and an answer with counterclaims on July 12, 2021. Tenant also filed an ERAP application on Sept. 22, 2021. Landlord filed a notice of discontinuance of the case on Dec. 13, 2021. The court then calendared the case in error on the dismissal calendar for March 24, 2022. The notice of discontinuance was stricken by the court because tenant had filed an answer with counterclaims. And, since the court had no notice of an ERAP determination, the case was stayed. Either side could now ask the court to restore the case to the court's calendar as appropriate.

486 Bklyn Realty LLC v. Brathwaite: Index No. LT-300998-21 (Civ. Ct. Kings; 3/25/22; Gonzales, J)[1-pg. document]