Tenant Can Restore Case to Court Calendar

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord owed him a refund for a rent overcharge based on a DHCR ruling on tenant's fair market rent appeal. Landlord asked the court to delay any ruling until his appeal of the DHCR order was completed. The court agreed, and the case was marked off the court calendar. Tenant sought to restore the case to the court calendar 17 months later after landlord had fully appealed the DHCR ruling and lost. Landlord claimed that it was too late to restore the case. The court ruled against landlord and ordered landlord to refund the rent overcharge owed to tenant. Landlord appealed and lost. The case was not off the calendar because of tenant's neglect or default. There was no intent to abandon the refund claim. The refund order was upheld.

Goldman v. Topping: NYLJ, 4/6/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)