Landlord Can't Restore Nonprimary Residence Case Marked Off Court Calendar Nine Years Earlier

March 28, 2025

LVT Number: #33617

Landlord sued to evict rent-stabilized tenant, claiming nonprimary residence. The case was marked off calendar in 2014, and in 2022 landlord asked the court for permission to restore the case to the court calendar. The court ruled against landlord, who appealed and lost. Landlord failed to make the required showing of a reasonable excuse for its nine-year delay in seeking restoration to pursue the case. Landlord also failed to show that restoring the case to the calendar after so much time following the events that led to the nonprimary residence claim would not prejudice tenant. 

Landlord sued to evict rent-stabilized tenant, claiming nonprimary residence. The case was marked off calendar in 2014, and in 2022 landlord asked the court for permission to restore the case to the court calendar. The court ruled against landlord, who appealed and lost. Landlord failed to make the required showing of a reasonable excuse for its nine-year delay in seeking restoration to pursue the case. Landlord also failed to show that restoring the case to the calendar after so much time following the events that led to the nonprimary residence claim would not prejudice tenant. 

Chew v. McKenzie: Index No. 570145/24, 2025 NY Slip Op 50158(U)(App. T. 1 Dept.; 2/14/25; Tisch, JP, Perez, James, JJ

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