Tenant Can Restore Case to Trial Calendar

July 31, 1999

LVT Number: 13415

Landlord sued to evict tenant. At some point, the case was marked off the court's calendar. Tenant later asked the court to restore the case to the calendar. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant. There was an issue concerning whether landlord didn't perform agreed-upon repairs. So tenant had a legitimate reason for asking to put the case back on the calendar.

Landlord sued to evict tenant. At some point, the case was marked off the court's calendar. Tenant later asked the court to restore the case to the calendar. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant. There was an issue concerning whether landlord didn't perform agreed-upon repairs. So tenant had a legitimate reason for asking to put the case back on the calendar.

Renik Realty Holdings v. Thompson: NYLJ, p. 22, col. 4 (7/30/99) (App. T.1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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