Court Should Have Granted Landlord's Delay Request

April 30, 1999

LVT Number: 13213

An appeals court ordered that a trial be held in landlord's eviction case. Landlord's new attorney asked the trial court to delay the case. The court ruled against landlord and dismissed the case. Landlord appealed and won. The trial court should have granted landlord's request for a delay. It was landlord's first delay request after the appeals court sent the case back for a trial, landlord had just gotten a new attorney, and landlord needed a chance to subpoena and review DHCR documents relevant to the case.

An appeals court ordered that a trial be held in landlord's eviction case. Landlord's new attorney asked the trial court to delay the case. The court ruled against landlord and dismissed the case. Landlord appealed and won. The trial court should have granted landlord's request for a delay. It was landlord's first delay request after the appeals court sent the case back for a trial, landlord had just gotten a new attorney, and landlord needed a chance to subpoena and review DHCR documents relevant to the case.

Westmoreland Assocs. v. Kispert: NYLJ, p. 31, col. 3 (4/15/99) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Scholnick, JJ)

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