Tenant Refused to Go to Trial

August 8, 2012

LVT Number: #24251

Landlord sued to evict tenant in 2008. On the eve of trial in 2011, tenant fired his lawyer and then asked the court for a stay of the proceedings. The court refused, and when tenant was unwilling to go forward with the trial, the court ruled for landlord based on tenant's default. Tenant appealed and lost. The trial court properly exercised its discretion by denying a further adjournment of the long-pending proceeding. In addition, the apartment was unregulated and tenant presented no meritorious defense to the holdover petition.

Landlord sued to evict tenant in 2008. On the eve of trial in 2011, tenant fired his lawyer and then asked the court for a stay of the proceedings. The court refused, and when tenant was unwilling to go forward with the trial, the court ruled for landlord based on tenant's default. Tenant appealed and lost. The trial court properly exercised its discretion by denying a further adjournment of the long-pending proceeding. In addition, the apartment was unregulated and tenant presented no meritorious defense to the holdover petition.

Arc on 4th Street, Inc. v. Quezada: NYLJ, 7/30/12, p. 18, col. 1 (App. T. 1 Dept.; Lowe III, PJ, Shulman, Hunter Jr., JJ)

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