Claim Deemed Abandoned

July 31, 2006

LVT Number: 19024

Landlord sued to evict tenant for illegally subletting in 2003. The case was marked off the court's calendar for pretrial questioning in 2004. No further action was taken until landlord asked the court to put the case back on the court's calendar in January 2006. Landlord also asked the court to strike tenant's answer for not complying with a settlement agreement concerning pretrial questioning and document production. Tenant asked the court to deny landlord's request and dismiss the case. The court ruled for tenant. Landlord took no action on the case for 23 months.

Landlord sued to evict tenant for illegally subletting in 2003. The case was marked off the court's calendar for pretrial questioning in 2004. No further action was taken until landlord asked the court to put the case back on the court's calendar in January 2006. Landlord also asked the court to strike tenant's answer for not complying with a settlement agreement concerning pretrial questioning and document production. Tenant asked the court to deny landlord's request and dismiss the case. The court ruled for tenant. Landlord took no action on the case for 23 months. Landlord didn't overcome the presumption of abandonment based on inaction for more than one year, and showed no reasonable excuse for its delay. Landlord also had offered tenant a renewal lease in the meantime. Tenant reasonably believed that landlord didn't intend to go forward with the case.

475-481 W. 159th St. Realty Corp. v. Gerlain: NYLJ, 7/13/06, p. 22, col. 3 (Civ. Ct. NY; Finkelstein, J)

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