Legal Question in Landlord & Tenant Law in New York

eviction was dismissed, landlord refiled

Landlord filed for back rent/eviction court date was Jan 5,2004. The landlord did not show up so the Judge dismissed the case. On Jan 6th the landlord refiled for another hearing but added the month of Jan. I now have to appear on Jan. 20th. Also the landlord received a notice of loan write off on Oct.8th 2003 with action to foreclose. There are 6 city violations on the property. Can the landlord refile?


Asked on 1/10/04, 2:32 am

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: eviction was dismissed, landlord refiled

As long as the landlord owns the property he can refile. The fact that he didn't appear didn't have any impact on his rights, or your obligations. It just meant that if he wanted to begin a new action he had to start fromt he beginning and pay the Court a new fee.

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Answered on 1/12/04, 10:10 am


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