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Posted by Sara on December 22, 2000 at 12:00:58:

In Reply to: Re: Civil Action from Landlord posted by Lillian on December 21, 2000 at 21:39:29:

: Well if the landlord is sueing her in plain old civil court or small claims court, then he's in the wrong court now isn't he!? This is strictly a housing court matter.
: As far as responding, of sourse she must respond, but what papers did she get, when are the return dates and are they 3 seperate actions? Has she missed any of the court dates?

:

No: the landlord can only use Housing Court if possession of the apartment is part of the lawsuit. If it is only for money for the damage caused by the leak, he cannot use HC. If he did, the judge must dismiss the case.

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Comments:
: : Well if the landlord is sueing her in plain old civil court or small claims court, then he's in the wrong court now isn't he!? This is strictly a housing court matter.
: : As far as responding, of sourse she must respond, but what papers did she get, when are the return dates and are they 3 seperate actions? Has she missed any of the court dates?

: : 

: No: the landlord can only use Housing Court if possession of the apartment is part of the lawsuit.  If it is only for money for the damage caused by the leak, he cannot use HC.  If he did, the judge must dismiss the case.


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