Landlord Didn't Wait Too Long to Start Case

April 30, 2000

LVT Number: 14076

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord had waited too long to sue for the back rent owed. The court ruled against tenant. Tenant appealed and lost. Landlord had started several prior nonpayment cases that were dismissed for procedural reasons. So landlord didn't intentionally allow back rent to accrue, and tenant had no reason to believe that landlord had abandoned its claim for back rent owed.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord had waited too long to sue for the back rent owed. The court ruled against tenant. Tenant appealed and lost. Landlord had started several prior nonpayment cases that were dismissed for procedural reasons. So landlord didn't intentionally allow back rent to accrue, and tenant had no reason to believe that landlord had abandoned its claim for back rent owed.

Marz Realty Inc. v. Reichman: NYLJ, 4/26/00, p. 30, col. 3 (App. T.2 Dept.; Aronin, JP, Chetta, Patterson, JJ)

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