Tenant Can Continue Case Against Landlord Despite Attorney's Default
LVT Number: 19615
Tenant sued landlord for breach of warranty of habitability. The court dismissed the case after tenant's attorney repeatedly failed to comply with court directions about conducting and completing pretrial questioning of landlord. Tenant appealed and won. The court never warned tenant's attorney that his noncompliance could result in dismissal of the case. The court should sanction tenant's attorney. But tenant wasn't responsible for her attorney's defaults, and dismissal of her case was unfair under the circumstances.
Alveranga-Duran v. New Whitehall Apartments: NYLJ, 5/10/07, p. 25, col. 2 (App. Div. 1 Dept; Friedman, JP, Nardelli, Sweeny, McGuire, Malone, JJ)