Tenant Claims Landlord Violated Prior Court Order

Tenant sued landlord for bringing a nonpayment case, claiming that landlord should be held in contempt for violating two other court orders. Landlord was being sued in state Supreme Court in a mortgage foreclosure case, and was also involved in a federal bankruptcy case. Tenant claimed that these courts ordered landlord not to collect rent. The court ruled for tenant in part. Housing court didn't have the authority to enforce the other court orders by holding landlord in criminal contempt. But the court said it could punish landlord for civil contempt if it was found that landlord had violated another court's order and had abused the housing court's procedures or processes in its action against tenant.

Millman v. Jack: NYLJ, p. 32, col. 4 (3/3/99) (Civ. Ct. Kings; Callender, J)