Court Properly Denied Tenant's Delay Request

January 1, 1997

LVT Number: 11151

Landlord sued to evict tenant for nonpayment of rent. Tenant at first didn't appear in court but was granted a delay to get an attorney. Tenant later asked for another delay to present further proof of a breach of the warranty of habitability. The court denied this request. Tenant appealed and lost. Tenant had already delayed the case. Also, the amount of the rent abatement that tenant received was appropriate for the conditions shown at the trial.

Landlord sued to evict tenant for nonpayment of rent. Tenant at first didn't appear in court but was granted a delay to get an attorney. Tenant later asked for another delay to present further proof of a breach of the warranty of habitability. The court denied this request. Tenant appealed and lost. Tenant had already delayed the case. Also, the amount of the rent abatement that tenant received was appropriate for the conditions shown at the trial.

160 Sherman Ave. Assocs. v. Clark: NYLJ, p. 28, col. 6 (12/12/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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