Landlord Waited Too Long to Start Proceedings

September 30, 1993

LVT Number: 8243

Landlord sued to evict tenant for nonpayment of rent. Landlord served a three-day notice demanding rent in December 1992, but didn't start the eviction action until April 1993. In the meantime, landlord accepted payment of almost 75 percent of the amount demanded in the three-day notice. And the petition demanded sums in excess of what was demanded in the notice. Given the passage of five months, together with the fact that 75 percent of the original amount was paid before the action was started, landlord's case was dismissed.

Landlord sued to evict tenant for nonpayment of rent. Landlord served a three-day notice demanding rent in December 1992, but didn't start the eviction action until April 1993. In the meantime, landlord accepted payment of almost 75 percent of the amount demanded in the three-day notice. And the petition demanded sums in excess of what was demanded in the notice. Given the passage of five months, together with the fact that 75 percent of the original amount was paid before the action was started, landlord's case was dismissed.

Fieldbridge Associates v. Clarke: NYLJ, p. 24, col. 3 (9/29/93) (Civ. Ct. Kings; Reichbach, J)

Topics

More like this