Legal Question in Landlord & Tenant Law in New York
Petition to Recover Real Property
If a tenant is served with a Notice of Petition and the tenant files a counterclaim and the Court dismisses the landlord's petition, can the landlord sometime down the road file another Petition to Recover Real Property?
2 Answers from Attorneys
Re: Petition to Recover Real Property
Depends on the grounds the petiton was dismissed. With prejudice or without? Also it depends if the landlord has new grounds for seeking termination of the lease. What the landlord cannot do is use the Courts as a system of harrassment. Any allegations must be in good faith, otherwise the landlord could see himself brought into court as a Defendant with criminal and/or civil liability.
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Re: Petition to Recover Real Property
The landlord may not use the courts to harass you. If there is a solid factual basis for the new petition, then yes he may. If not, you may obtain a court order to prevent a continuation of the filing of petitions for anything but non-payment.
However, what happened to the counter-claim?
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