Landlord Can Restore Case After 16 Months

January 26, 2015

LVT Number: #25936

Landlord sued to evict tenant for making unauthorized apartment alterations. Both sides were represented by attorneys and agreed to mark the case off the court's calendar while conducting pretrial questioning and document production. Sixteen months later, landlord asked the court to restore the case to the calendar. Tenant claimed that landlord waited too long to pursue the case. The court ruled for landlord. Tenant appealed and lost.

Landlord sued to evict tenant for making unauthorized apartment alterations. Both sides were represented by attorneys and agreed to mark the case off the court's calendar while conducting pretrial questioning and document production. Sixteen months later, landlord asked the court to restore the case to the calendar. Tenant claimed that landlord waited too long to pursue the case. The court ruled for landlord. Tenant appealed and lost. Landlord had a potentially meritorious claim, there was no prejudice to tenant by the delay, the parties had agreed to mark the case off calendar in an open-ended fashion, and the delay was through no fault of landlord's.

Sammy Group LLC v. Evans: 45 Misc.3d 135(A), 2014 NY Slip Op 51753(U) (App. T. 1 Dept.; 12/15/14; Lowe III, PJ, Shulman, Hunter Jr., JJ)

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