Case Dismissed When Landlord Not Ready for Trial

August 31, 2009

LVT Number: 22110

Landlord sued to evict tenant. On the date set for the trial, landlord wasn’t ready to proceed and requested an adjournment. The court ruled against landlord and dismissed the case. Landlord appealed and lost. The trial court didn’t abuse its discretion. Landlord’s lack of preparation was the reason landlord couldn’t go forward. On appeal, landlord claimed that it hadn’t had the chance to review HPD inspection reports or to attempt a settlement with tenant.

Landlord sued to evict tenant. On the date set for the trial, landlord wasn’t ready to proceed and requested an adjournment. The court ruled against landlord and dismissed the case. Landlord appealed and lost. The trial court didn’t abuse its discretion. Landlord’s lack of preparation was the reason landlord couldn’t go forward. On appeal, landlord claimed that it hadn’t had the chance to review HPD inspection reports or to attempt a settlement with tenant. But on the trial date, landlord’s attorney said that it needed an adjournment to subpoena the DHCR for reasons that weren’t clearly stated. Landlord also didn't identify the witnesses it intended to call.

Pinnacle Uptown, LLC v. Banks: NYLJ, 8/11/09, p. 32, col. 4 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

Topics

More like this