Landlord's Request to Restore Nuisance Case to Court Calendar Was Made Too Late

Landlord sued to evict tenant for creating a nuisance by maintaining his apartment in a horrible condition that substantially interfered with the comfort and safety of landlord and other tenants. Both sides were represented by attorneys and signed a probationary settlement agreement in 2019. Under the agreement, landlord was to inspect the apartment on certain dates to confirm whether tenant was keeping the apartment in order. If landlord found that tenant was violating the agreement, it could seek to restore the case in court for a hearing at any time until Nov. 18, 2020. After that, the case would be dismissed.

In May 2021, landlord sought to restore the proceeding to the court calendar, claiming that tenant had violated the settlement agreement. Landlord acknowledged that the time to seek this relief had expired six months earlier but claimed that the COVID-19 pandemic prevented timely restoration of the case to the court calendar.

The court ruled against landlord, noting that court proceedings did continue during the pandemic and the signed stipulation stated that, if landlord didn't seek to restore the case to the calendar by Nov. 18, 2020, the case would be dismissed "with prejudice." Landlord could seek relief against tenant through other court actions if needed. 

420 W. 42nd St. LLC v. Mercado: Index No. 80711/17, 2021 NY Slip Op 32084(U), NYLJ No. 1636409370 (Civ. Ct. NY; 10/19/21; Fang, J.)