Landlord Can Restore Case Marked Off Calendar

March 31, 2009

LVT Number: #21127

Landlord sued to evict rent-stabilized tenant for nonprimary residence. In June 2006, the case was marked off the calendar for pretrial questioning. Almost two years later, landlord asked to restore the case to the court's calendar. Tenant claimed that the case had been delayed too long and asked the court to dismiss it. The court ruled against tenant. Tenant appealed and lost. After completion of pretrial questioning, landlord showed that it had a potentially meritorious claim. The case was marked off calendar for 23 months through no fault of landlord.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. In June 2006, the case was marked off the calendar for pretrial questioning. Almost two years later, landlord asked to restore the case to the court's calendar. Tenant claimed that the case had been delayed too long and asked the court to dismiss it. The court ruled against tenant. Tenant appealed and lost. After completion of pretrial questioning, landlord showed that it had a potentially meritorious claim. The case was marked off calendar for 23 months through no fault of landlord.

Congress Houston LLC v. Masuo: NYLJ, 3/20/09, p. 34, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

Topics

More like this