Warraich v. Choudhry et al.

Tenant wins · 2019-01-25

Adjudicator

Sossin J.

Dispute

Eviction, Tenant Rights

Landlord

A.A.C., N.Y.

Tenant

S.W.

Landlord rep

Arnold H. Zweig

Tenant rep

Syed Abid Hussain

What happened

Tenant claims co-ownership of property based on payments and oral agreements. Landlords argue Tenant is only a tenant under tenancy agreement. Landlords seek to terminate tenancy and evict Tenant. Tenant filed action in Superior Court claiming unregistered interest in property. Landlords counterclaimed for damages and possession.

The ruling

The court denied the Landlords' motion for declarations based on issue estoppel from prior LTB findings. The court ruled that the Superior Court action can proceed to determine whether the Tenant has an equitable interest in the property, as this issue is distinct from the LTB's determination of tenancy status.