Tenant Can't Delay Eviction Case

December 1, 1997

LVT Number: 11986

Landlord sued to evict co-op tenant in Nassau County District Court for refusing to provide landlord with a copy of the key to the apartment. Tenant asked the court to dismiss the case because he'd started a court case in the state Supreme Court one day earlier, seeking a ruling that landlord already had the key. The District Court ruled that landlord's case should be delayed until the Supreme Court action was decided. Landlord appealed and won. The court said that no delay was warranted.

Landlord sued to evict co-op tenant in Nassau County District Court for refusing to provide landlord with a copy of the key to the apartment. Tenant asked the court to dismiss the case because he'd started a court case in the state Supreme Court one day earlier, seeking a ruling that landlord already had the key. The District Court ruled that landlord's case should be delayed until the Supreme Court action was decided. Landlord appealed and won. The court said that no delay was warranted. The District Court had the authority to decide the key issue; and it didn't matter that tenant had brought the other court action first.

4-14 Mulford Place, Inc. v. DiGeronimo: NYLJ, p. 33, col. 4 (11/4/97) (App. T. 2 Dept.; DiPaola, PJ, Collins, Floyd, JJ)

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