Housing Court Decision Summaries
Torres v. Torres
Nov. 2, 2006
Appellate Court:
Trial Court:
Civil Housing Court, Kings County
Trial Judge:
Judge Heymann
Type of Action or Proceeding:
Nonpayment Proceeding
Issues/Legal Principles:
The Court held that it continues to have subject matter jurisdiction despite the tenant's vacatur of the apartment following the commencement of nonpayment proceeding.
Source:
NYLJ 24:1, Nov. 2, 2006
Referred Statutes:
none cited
Summary:
The landlord commenced nonpayment proceeding and thereafter moved for summary judgment and to amend the year of the termination date on the petition. Tenant's counsel opposed the motion based upon the undocumented assertion that the tenant had vacated the apartment following service of the petition. As a result, tenant argued that the court lacked jurisdiction inasmuch as there was no longer a landlord-tenant relationship. The Court agreed that it a basic premise of landlord-tenant summary proceedings that for jurisdiction to attach, the proceeding must be commenced against a person in physical possession of the subject premises. However, the Court held that once jurisdiction is obtained, the proceeding is not defeated simply because the occupant thereafter voluntarily vacates the subject premises prior to a formal resolution or disposition of the matter. Accordingly, the Court granted the landlord's motion for summary judgment and allowed the landlord to amend the petition regarding same as a scrivener's error.
Notes:
Decision:
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