Landlord Can Seek Rent Due from 1992--1998

November 1, 1998

LVT Number: 12758

(Decision submitted by Nativ Winiarsky of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Landlord claimed tenant owed a total of $8,500 for the period between November 1992 and June 1998. Tenant claimed that landlord had waited too long to sue and asked the court to dismiss the case. The court ruled against tenant. Landlord had an explainable delay in bringing any nonpayment case. There were prior DHCR and court cases to determine the legal rent for the apartment and a possible rent overcharge.

(Decision submitted by Nativ Winiarsky of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Landlord claimed tenant owed a total of $8,500 for the period between November 1992 and June 1998. Tenant claimed that landlord had waited too long to sue and asked the court to dismiss the case. The court ruled against tenant. Landlord had an explainable delay in bringing any nonpayment case. There were prior DHCR and court cases to determine the legal rent for the apartment and a possible rent overcharge. It took several years before these issues were resolved. Landlord could proceed with its nonpayment claim.

Park & 76th St. Inc. v. Christy: L&T Index No. 85614/98 (9/16/98) (Civ. Ct. NY; Evans, J) [5-page document]

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