Landlord Waited Too Long to Start Case

In December 1992, landlord sued to evict tenants for breaching the ''no alterations'' provision in their lease. Both landlord and tenants asked the court to rule in their favor without a trial. Tenants claimed that landlord had waited too long to start the case. They argued that landlord was required to have started the case by December 1991, which was six years after they'd finished making the renovations. The trial court refused to rule for either landlord or tenant without a trial, and both appealed. Landlord argued that it had started the case on time because it didn't find out about the renovations until September 1992. It started the case within six years of that date. The court ruled for tenants, and dismissed the case. Landlord had six years from the time the renovations were finished in December 1985 in which to start the case. Ignorance of the renovation work isn't a valid reason for extending the six-year time limit.

Westminister Properties, Ltd. v. Kass: NYLJ, p. 25, col. 1 (2/3/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)