Law Office Failure by Tenants' Attorney Excused by Court

Tenants, claiming to be the last few remaining tenants of a Brooklyn building undergoing a gut renovation, sued landlord in 2023. They claimed harassment and housing code violations. Tenants started the court case by serving a summons with notice in July 2023. In August 2023, landlord served tenants a demand for a complaint. None was received by September 2024, and landlord then asked the court to dismiss the case. In response, tenants asked the court to extend their time to serve and file the complaint.

Over landlord's objections, the court ruled for tenants. Their failure to serve a complaint was due to law office failure by tenants' attorney, who was a solo practitioner and had become the president of the New York State Bar Association during the time in question. The court excused the attorney default, which the attorney admitted was the result of being overwhelmed by his new NYSBA duties. The court found no intent on the part of tenants or their attorney to abandon the matter, and there was no prejudice to landlord. Landlord had filed an answer to the summons with notice, and tenants' attorney had engaged in settlement negotiations with landlords' attorney. Tenants also simply could refile a complaint if this case were dismissed. Tenants had a potentially meritorious claim, and their attorney presented a reasonable excuse for failure to file the complaint.

Shapiro v. 151 Baltic St., LLC: Index No. 519152/2/2023, 2025 NY Slip Op 50135(U)(Sup. Ct. Kings; 2/6/25; Maslow, J)