Supreme Court Can Hear Tenant's Lawsuit over Threatening Notices

July 31, 1993

LVT Number: 8072

Tenant sued landlord in state supreme court to stop him from sending her threatening notices. At least three times, landlord had sent tenant notices stating ``Final Notice, dispossess Notice.'' The notices complained that tenant paid her rent late and that if tenant didn't pay within a few days, the marshall would come and remove her furniture. No eviction proceedings had been started when these notices were sent. The court ruled that tenant's action belonged in the housing part of civil court---not supreme court---and tenant appealed.

Tenant sued landlord in state supreme court to stop him from sending her threatening notices. At least three times, landlord had sent tenant notices stating ``Final Notice, dispossess Notice.'' The notices complained that tenant paid her rent late and that if tenant didn't pay within a few days, the marshall would come and remove her furniture. No eviction proceedings had been started when these notices were sent. The court ruled that tenant's action belonged in the housing part of civil court---not supreme court---and tenant appealed. The appeals court found that tenant wanted landlord to stop sending the notices, and the housing unit didn't have the authority to order landlord to stop. The case was reopened.

Lozano v. Grunberg: NYLJ, p. 31, col. 5 (7/12/93) (App. Div. 1 Dept.; Murphy, PJ, Rosenberger, Ross, Asch, Kassal, JJ)

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