Prior Landlord's Proceeding Properly Discontinued
LVT Number: 10036
Prior landlord sued to evict tenant for nonpayment of rent while it still owned the building. The proceeding was discontinued when prior landlord sold the building. New landlord sued to evict tenant for nonpayment a year later. Landlord sought the same rent owed to prior landlord. Tenant then objected to the fact that prior landlord's rent action had been discontinued. The trial court and appeals court ruled against tenant on this issue. Tenant gave up any right to object to the prior discontinuance since he didn't object at that time. Tenant was still free to counterclaim for rent overcharge and wasn't harmed by the new proceeding.
500 West End Avenue Owners, L.P. v. Hawco: NYLJ, p. 26, col. 1 (9/19/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)