Tenant Arrested for Not Appearing at Pre-Trial Hearing

June 30, 2005

LVT Number: 18196

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) Landlord sued tenant over a judgment against a lease guarantor. Tenant didn't appear for pretrial questioning ordered by the court. Landlord then asked the court to hold tenant in contempt. The court ruled for landlord and ordered tenant to pay a fine and meet certain conditions to cure the contempt. Tenant didn't comply with the court's further order, and landlord sought an arrest warrant. The court ruled for landlord. Tenant remained in contempt of court.

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) Landlord sued tenant over a judgment against a lease guarantor. Tenant didn't appear for pretrial questioning ordered by the court. Landlord then asked the court to hold tenant in contempt. The court ruled for landlord and ordered tenant to pay a fine and meet certain conditions to cure the contempt. Tenant didn't comply with the court's further order, and landlord sought an arrest warrant. The court ruled for landlord. Tenant remained in contempt of court. His failure to appear for the deposition impaired landlord's ability to pursue its legal remedies.

Elliana Properties v. Shkrelja: Index No. 113835/01 (Sup. Ct. NY 5/12/05; Suarez, J); (Sup. Ct. NY 1/14/04; Friedman, J) [4-pg. doc.]

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