Landlord Started Case on Time

Landlord sued to evict tenant for nonpayment of rent, seeking rent arrears dating back to August 1991. Tenant claimed that landlord had waited too long to bring the court action. But the delay was due to prior litigation between landlord and tenant. Landlord had sued to evict tenant for illegal use of the apartment. That case was pending in August 1991 and wasn't settled until it was dismissed in June 1992. The court ruled that landlord could now sue for the rent arrears. Landlord couldn't have sued for nonpayment while the prior eviction case was pending, and landlord wasn't given use and occupancy while that case was going on. Landlord had started the nonpayment proceeding promptly after the prior litigation was over.

Cleo Realty Associates v. Stevens: NYLJ, p. 23, col. 2 (7/21/93) (Civ. Ct. NY; Wendt, J)