Landlord Delayed Eviction Proceeding Nine Months

(Decision submitted by Gerald Shapiro of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant based on tenant's refusal to renew his renewal lease. Tenant asked the court to dismiss the case without a trial. Among other things, tenant claimed that landlord waited too long to bring the court proceeding. Tenant's renewal lease expired on April 30, 2007. But landlord didn't send tenant a 15-day termination notice until February 2008. Landlord started the court case in March 2008. Tenant also claimed that landlord should have sent a 30-day termination notice, not a 15-day notice. The court ruled against tenant. A delay in bringing an eviction proceeding doesn't create a new tenancy or an entitlement to a 30-day notice. In addition, there was no proof that landlord created a month-to-month tenancy by accepting rent from tenant after tenant's last renewal lease expired.

Wellington Fee, LLC v. Cotter: L&T Index No. 59535/08 (11/19/08) (Civ. Ct. NY; Sikowitz, J)[9-pg. doc.]