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Posted by Mariel on September 11, 1997 at 22:46:31:

In Reply to: Implications of "Case Discontinued"? posted by Lawrence on September 11, 1997 at 18:29:30:

: My landlord "discontinued" his housing court case case against me on the advice of the
: court attorney, who told him his case would be dismissed because it is an illegal multiple dwelling.
: Now, it seems that the inspection we were supposedto get, and our counter
: claim are also "discontinued". So, we wound up without any resolution,
: without any rent abatement, or any court pressure for the LL to make
: repairs.
: Can we reassert our claims?
: If LL brings his action in another court, eg small claims or an ejectment in supreme
: court, do we lose the protections of housing court, such as the right to inspection,
: to counterclaim, and the shield of an "illegal multiple dwelling"?
: Thank you for any insight or thoughts on this matter...
Was his court case against you for non-payment? You can withhold rent (or continue withholding) and I would think eventually you will wind up in housing court and your case will be heard.

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Comments:
: : My landlord "discontinued" his housing court case case against me on the advice of the
: : court attorney, who told him his case would be dismissed because it is an illegal multiple dwelling.
: : Now, it seems that the inspection we were supposedto get, and our counter
: : claim are also "discontinued".  So, we wound up without any resolution,
: : without any rent abatement, or any court pressure for the LL to make
: : repairs.
: : Can we reassert our claims?
: : If LL brings his action in another court, eg small claims or an ejectment in supreme
: : court, do we lose the protections of housing court, such as the right to inspection,
: : to counterclaim, and the shield of an "illegal multiple dwelling"?
: : Thank you for any insight or thoughts on this matter...
: Was his court case against you for non-payment?  You can withhold rent (or continue withholding) and I would think eventually you will wind up in housing court and your case will be heard.


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