Landlord Didn't Start Case Against Loft Board on Time

June 30, 1994

LVT Number: 8888

Landlord sued the Loft Board and served the Corporation Counsel, as the Loft Board's attorney. The court dismissed the lawsuit for defective service, but gave landlord permission to bring the case again upon proof of proper service. Landlord didn't serve the papers again until after more than four months from the date of the Loft Board's order, which landlord was challenging. The Loft Board asked the court to dismiss the case since it wasn't started on time. Landlord argued that the prior dismissal had extended the service deadline past the usual four-month period.

Landlord sued the Loft Board and served the Corporation Counsel, as the Loft Board's attorney. The court dismissed the lawsuit for defective service, but gave landlord permission to bring the case again upon proof of proper service. Landlord didn't serve the papers again until after more than four months from the date of the Loft Board's order, which landlord was challenging. The Loft Board asked the court to dismiss the case since it wasn't started on time. Landlord argued that the prior dismissal had extended the service deadline past the usual four-month period. The court ruled for the Loft Board. The court doesn't have the power to extend the statute of limitations beyond what the law allows.

Matter of Mark-Holli Realty, Inc.: NYLJ, p. 26, col. 4 (6/6/94) (App. Div. 1 Dept.; Sullivan, PJ, Rosenberger, Ellerin, Asch, Nardelli, JJ)

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