Landlord Didn't Abandon Case

December 1, 2003

LVT Number: 16992

Landlord sued to evict tenant. After a period of inactivity, tenant asked the court to dismiss the case based on landlord's failure to timely restore the matter to the court calendar. The court ruled against tenant. Tenant appealed and lost. The eviction case was marked off the court calendar in 2000 while tenant appealed NYCHA's administrative ruling that terminated the tenancy. Tenant never completed the appeal process. When landlord later sought to restore the eviction case to the court's calendar, it showed a reasonable excuse for the delay and valid grounds for the eviction action.

Landlord sued to evict tenant. After a period of inactivity, tenant asked the court to dismiss the case based on landlord's failure to timely restore the matter to the court calendar. The court ruled against tenant. Tenant appealed and lost. The eviction case was marked off the court calendar in 2000 while tenant appealed NYCHA's administrative ruling that terminated the tenancy. Tenant never completed the appeal process. When landlord later sought to restore the eviction case to the court's calendar, it showed a reasonable excuse for the delay and valid grounds for the eviction action. There was no proof that landlord intended to abandon the case.

NYCHA v. Lugo: NYLJ, 11/24/03, p. 27, col. 6 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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