Landlord's Chronic Nonpayment Claim Subject to Six-Year Time Limit

Landlord sued to evict tenant for the chronic nonpayment of rent. Landlord had commenced nonpayment proceedings against tenant in 1987, 1988, 1993, 1994, 2001, and four times in 2005. Tenant asked the court to dismiss the case, claiming that landlord relied on cases that were too old. The court ruled for tenant, in part. Tenant's lease agreement to pay rent in a timely manner was a contract. Landlord's chronic nonpayment claim was a claim for a breach of contract and was subject to a six-year time limit. Therefore, landlord could not base his chronic nonpayment claim on tenant's nonpayment between 1987 and 1994 because those cases were more than six years old. Landlord could go forward with the case, but could base his claim only on tenant's nonpayment since 2001.

Adam's Tower LP v. Lynch: NYLJ, 1/24/07, p. 22, col. 3 (Civ. Ct. NY; Wendt, J)