Landlord Didn't Abandon Owner Occupancy Case

June 30, 2003

LVT Number: 16663

Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. The case was marked off the calendar in December 2001 so that tenant could conduct pretrial questioning of landlord. More than a year went by before landlord asked the court to restore the case to the court's calendar. Tenant claimed that landlord had abandoned the case and asked the court to dismiss it. The court ruled against tenant. Court rules create a presumption that a case is abandoned if it's marked off the calendar for more than a year. But landlord rebutted this presumption.

Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. The case was marked off the calendar in December 2001 so that tenant could conduct pretrial questioning of landlord. More than a year went by before landlord asked the court to restore the case to the court's calendar. Tenant claimed that landlord had abandoned the case and asked the court to dismiss it. The court ruled against tenant. Court rules create a presumption that a case is abandoned if it's marked off the calendar for more than a year. But landlord rebutted this presumption. Some pretrial questioning activity took place while the case was off the court's calendar. And landlord got a new attorney during this time. Landlord showed that he didn't abandon the case.

Zaccaro v. Bowers: NYLJ, 6/11/03, p. 23, col. 3 (Civ. Ct. NY; Alpert, J)

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