Tenant Can't Get Further Delay

August 31, 1997

LVT Number: 11775

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but delayed the eviction to give tenant a chance to pay the back rent. After a number of extensions, tenant asked the court for more time. The court ruled against tenant, refusing to grant any further delay unless tenant paid $4,257 within five days. Tenant appealed. The appeals court ruled against tenant. Given the prior extensions, the court didn't abuse its discretion. Tenant also didn't pay use and occupancy on time while appealing the court's decision.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but delayed the eviction to give tenant a chance to pay the back rent. After a number of extensions, tenant asked the court for more time. The court ruled against tenant, refusing to grant any further delay unless tenant paid $4,257 within five days. Tenant appealed. The appeals court ruled against tenant. Given the prior extensions, the court didn't abuse its discretion. Tenant also didn't pay use and occupancy on time while appealing the court's decision.

Paolini v. Thurston: NYLJ, p. 25, col. 1 (8/7/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Davis, JJ)

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