Occupant Can't Get Third Delay

January 1, 2000

LVT Number: 13785

Landlord sued to evict tenant for nonprimary residence. Tenant had moved to a nursing home, and apartment occupant claimed pass-on rights. Occupant asked three times for a delay of the trial date. The court granted occupant's first two requests but denied the third. Occupant appealed and lost. The court didn't abuse its discretion, given the prior delays and the fact that the case had been marked final. Also, occupant didn't address the merits of his claimed pass-on rights in his appeal.

Landlord sued to evict tenant for nonprimary residence. Tenant had moved to a nursing home, and apartment occupant claimed pass-on rights. Occupant asked three times for a delay of the trial date. The court granted occupant's first two requests but denied the third. Occupant appealed and lost. The court didn't abuse its discretion, given the prior delays and the fact that the case had been marked final. Also, occupant didn't address the merits of his claimed pass-on rights in his appeal.

516 W. 136th St. Realty Corp. v. Campbell: NYLJ, p. 22, col. 1 (12/28/99) (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

Topics

More like this