Landlord Gets One Year to Restore Case to Court's Calendar

July 31, 1996

LVT Number: 10790

Landlord sued to evict tenant. While the case was pending in court, landlord asked that the proceeding be marked off the court's calendar. The court ruled in landlord's favor and gave landlord one year to ask the court to restore the case before facing automatic dismissal. After seven months, tenant asked the court to dismiss the case. The court ruled against tenant, and tenant appealed and lost. Less than a year had passed, and there was no legal requirement for the court to dismiss the case.

Landlord sued to evict tenant. While the case was pending in court, landlord asked that the proceeding be marked off the court's calendar. The court ruled in landlord's favor and gave landlord one year to ask the court to restore the case before facing automatic dismissal. After seven months, tenant asked the court to dismiss the case. The court ruled against tenant, and tenant appealed and lost. Less than a year had passed, and there was no legal requirement for the court to dismiss the case.

Centennial Restorations Co. v. Wyatt: NYLJ, p. 25, col. 2 (7/12/96) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

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