Court Properly Denied Tenant's Request for Adjournment

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed succession rights to the apartment. On the trial date, occupant asked the court for an adjournment, to obtain an attorney and properly organize his documentary proof. The court ruled against tenant and, after trial, ruled in landlord's favor. Occupant appealed, claiming that the court was wrong to deny him the adjournment. The appeals court ruled against occupant. The trial court already had given occupant 60 days of adjournments. Occupant admitted that he had made little effort to get an attorney, and he didn't try to obtain eyewitness testimony until the lunch break of the trial date. Under the circumstances, the trial court properly exercised its discretion by denying occupant any further adjournment.

Boltz v. Ascolesi: NYLJ, 8/14/07, p. 38, col. 3 (App. T. 2 Dept.; Weston Patterson, P, Golia, Belen, JJ)