Landlord Abandoned Eviction Case

January 1, 2004

LVT Number: 17056

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court granted landlord's request to conduct pretrial questioning of tenant but denied the request to question the two alleged subtenants. The case was marked off the calendar for pretrial questioning. Two years later, landlord asked the court to restore the case to the calendar. Tenant objected, claiming that landlord had abandoned the case. The court ruled for tenant. Court rules provide that a case is deemed abandoned if no action is taken in over a year. Landlord showed no justification for waiting.

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court granted landlord's request to conduct pretrial questioning of tenant but denied the request to question the two alleged subtenants. The case was marked off the calendar for pretrial questioning. Two years later, landlord asked the court to restore the case to the calendar. Tenant objected, claiming that landlord had abandoned the case. The court ruled for tenant. Court rules provide that a case is deemed abandoned if no action is taken in over a year. Landlord showed no justification for waiting. And the two subtenants that landlord claimed lived in the apartment had moved out. While landlord claimed that another subtenant had moved in, the notice to cure and termination notice named only the prior two subtenants and no ''John Doe.''

Green Properties v. Armstrong: NYLJ, 12/3/03, p. 22, col. 3 (Civ. Ct. NY; Cavallo, J)

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