Court Can Give Tenant 28-Day Delay

April 1, 2002

LVT Number: 15721

Landlord sued to evict tenant for nonpayment of rent. Tenant, who was 70 years old, asked the court for a delay to get an attorney. Tenant told the court she had an appointment with Legal Aid to the Aging within a few weeks. The court granted tenant's request, delaying the case for 28 days so that tenant had time to consult the attorneys she had contacted. Landlord objected to the length of the delay. Landlord then sued the judge, claiming that she had no authority under the law to delay the case more than 10 days unless landlord consented to the delay. The court ruled against landlord.

Landlord sued to evict tenant for nonpayment of rent. Tenant, who was 70 years old, asked the court for a delay to get an attorney. Tenant told the court she had an appointment with Legal Aid to the Aging within a few weeks. The court granted tenant's request, delaying the case for 28 days so that tenant had time to consult the attorneys she had contacted. Landlord objected to the length of the delay. Landlord then sued the judge, claiming that she had no authority under the law to delay the case more than 10 days unless landlord consented to the delay. The court ruled against landlord. RPAPL Section 745(1) contained a 10-day limit on delays if there was no consent. But Judiciary Law Sections 2-A and 2-B(3) give the court the power to control delays. The law contained no absolute bar to the delay that the judge approved.

Carlton Assocs. v. Bayne: NYLJ, 3/13/02, p. 19, col. 2 (Sup. Ct. Kings; Mason, J)

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