Landlord Abandoned Nonprimary Residence Case

In 2003, landlord sued to evict rent-stabilized tenant for nonprimary residence. The case last appeared on the court calendar in 2006, and then no further action was taken. In 2009, tenant asked the court to dismiss the case, claiming that it had been abandoned by landlord. The court ruled for tenant. Since the case had been off the court’s calendar for more than a year, there was a presumption of abandonment. And landlord showed no proof of litigation in progress, a meritorious cause of action, a reasonable excuse for the delay, or a lack of intent to abandon. Landlord claimed that its attorney suffered a heart attack in 2006. But landlord failed to take any action on the case when his attorney’s condition improved and he returned to work. And landlord offered no proof of its claim that tenant primarily resided on Cape Cod, Mass.

Midwest Ventures LLC v. Baron: NYLJ, 1/29/10, p. 26, col. 3 (Civ. Ct. NY; Hahn, J)