Landlord Can't Recover Use and Occupancy for Period Stemming from Discovery Delays

Landlord sued to evict month-to-month tenant and apartment occupants after serving a 90-day termination notice. The respondents raised a number of defenses, and the court granted permission to conduct pretrial questioning. Landlord completed discovery a year after starting the court case and then asked the court to direct tenant and occupants to pay monthly use and occupancy accrued to date while the case was pending. The court ruled against landlord, finding that time that resulted from adjournments and motion practice didn't go to use and occupancy and that landlord couldn't recover for these expenses.

Pratt Assets LP v. Kerr: Index No. LT-302056-22, 2023 NY Slip Op 32715, NYLJ No. 1689977460 (Civ. Ct. Kings; 7/12/23; Golden, J)