Delay in One Case Didn't Apply to Second Case

July 31, 2000

LVT Number: 14273

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Tenant later got a court-ordered delay of the case, including a delay of any eviction. In the meantime, landlord sued tenant separately for nonpayment of rent. Tenant didn't appear in the nonpayment case, and the court ruled for landlord. Tenant was evicted as a result of the judgment in the nonpayment case. Tenant then asked the court to restore him to possession of the apartment. Tenant pointed out that he had gotten a court-ordered delay in the first eviction case. The court ruled against tenant.

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Tenant later got a court-ordered delay of the case, including a delay of any eviction. In the meantime, landlord sued tenant separately for nonpayment of rent. Tenant didn't appear in the nonpayment case, and the court ruled for landlord. Tenant was evicted as a result of the judgment in the nonpayment case. Tenant then asked the court to restore him to possession of the apartment. Tenant pointed out that he had gotten a court-ordered delay in the first eviction case. The court ruled against tenant. Tenant appealed and lost. The cases were separate. The delay in the first case didn't apply to the second case.

1544-48 Properties, LLC v. Maitre: NYLJ, 7/3/00, p. 26, col. 3 (App. Div.2 Dept.; Aronin, JP, Scholnick, Patterson, JJ)

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