Landlord Didn't Abandon Eviction Case

October 10, 2012

LVT Number: #24398

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The case was marked off calendar for landlord to conduct pretrial questioning of tenant and a family member who claimed succession rights. When landlord later asked to restore the case to the calendar, the family member objected, claiming that landlord had abandoned the case by waiting too long to do so. The court granted the family member’s request to dismiss the case. Landlord appealed and won. The housing court should have put the case back on the court calendar.

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The case was marked off calendar for landlord to conduct pretrial questioning of tenant and a family member who claimed succession rights. When landlord later asked to restore the case to the calendar, the family member objected, claiming that landlord had abandoned the case by waiting too long to do so. The court granted the family member’s request to dismiss the case. Landlord appealed and won. The housing court should have put the case back on the court calendar. The case had been marked off calendar on consent, landlord’s claim had merit, and the family member’s failure to comply with discovery demands had substantially contributed to the delay while the case was off calendar.

206 West 104th Street LLC v. Zapata: 2012 NY Slip Op 51845(U), 2012 WL 447327 (App. T. 1 Dept.; 9/26/12; Torres, JP, Schoenfeld, Shulman, JJ)

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