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Case Dropped But Nothing In Writing

NYC Housing Court Practice/Procedures

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Case Dropped But Nothing In Writing

Postby Doctor8 » Thu Nov 04, 2010 10:36 am

Hello all,

I have been in a dispute with my Apartment Management over a payment they claim they never got. I have my court date, but yesterday the Management finally realized they had credited my payment to someone else. The Attorney told me via phone "The case is closed in our office." The legal dpt at the Management company said "We are dropping the legal." I have not gotten anything in writing. I requested a Stip of Discontinuance from the atty but am still waiting.

So do I still show up to court? I expect that would be wise.
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Postby TenantNet » Thu Nov 04, 2010 10:54 am

It depends on where in the process they are/were. Did they actually start of proceeding in Housing Court? Were you served with a petition? Or did you just get a 5-day Notice to Pay?
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Postby Doctor8 » Thu Nov 04, 2010 10:56 am

TenantNet wrote:It depends on where in the process they are/were. Did they actually start of proceeding in Housing Court? Were you served with a petition? Or did you just get a 5-day Notice to Pay?



Hi yes I was served and have a court date
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Postby TenantNet » Thu Nov 04, 2010 11:08 am

Then you should go no matter what their office says. Too many tenants trust what the LL says in such situations and LL's can get a default judgment. At the court date you will want a discontinuance on paper. Make sure it says "with prejudice" so they can't sue you again for the same month's rent. You can also put in a defense (the rent was actually paid) and counterclaims if you have any issue such as repairs, overcharges, etc. and then you might have the upper hand. If they then try to rush through a discontinuance, make sure the court knows you have counterclaims.
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Postby Doctor8 » Thu Nov 04, 2010 11:14 am

Gotcha. Thank you!
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Postby Doctor8 » Fri Nov 05, 2010 10:04 am

I received this letter from the landlord/management company


"Please be advised that legal action for nonpayment of rent has been cancelled."


But no stipulation from the attorney yet.
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Postby TenantNet » Fri Nov 05, 2010 10:27 am

You want to get it "so ordered" by a judge and include the words "with prejudice" meaning they can't come back next week and sue you again for the same time period's rent.

Unfortunately that means a trip to the court. And unfortunately, some LL's are unwilling to go along with that.

Sometimes they discontinue by "service" meaning there are people at the courthouse who will submit a discontinuance on behalf of landlord attorneys (so they don't have to make the trip). But the court should still issue it. It would be on a form titled "Stipulation Discontinuing Action" signed by both sides. There might be other ways to discontinue, but that's what I usually see.
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Postby Doctor8 » Fri Nov 05, 2010 12:27 pm

Thanks for your help!
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