Holdover Proceeding Delayed 90 Days for Occupant in Military

Landlord sued to evict apartment occupant. Landlord claimed that occupant's license to stay in the apartment had expired because tenant had died. Occupant asked the court to delay the case because he was on active duty in the military and couldn't appear in court until April 2008. Landlord argued that New York State law giving relief to persons in the military applied only to nonpayment proceedings. The court disagreed and ruled for occupant. Section 304 of the Military Law is a general stay provision that the court can apply to holdover proceedings. CPLR Section 2201 also allows the court to grant a delay of proceedings if there is just cause. The court granted a 90-day stay. Occupant should pay use and occupancy in the meantime. After 90 days, landlord can ask to restore the case to the court's calendar. Occupant can seek an additional stay if needed at that time.

NYCHA v. Kostyan: NYLJ, 12/27/07, p. 27, col. 1 (Civ. Ct. Queens; Badillo, J)