Tenant Refused to Pay Use and Occupancy While Case Pending

(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord sued to eject rent-stabilized tenant. In two separate orders, the court directed tenant to pay for past and current use and occupancy while the case was pending. When tenant failed to comply, the court struck tenant’s answer and awarded possession to landlord. Tenant appealed and lost. Tenant’s repeated failure to pay use and occupancy constituted willful and contumacious behavior, and the court properly ruled for landlord.

Silverman v. D'Arco: 2016 NY Slip Op 08026 (App. Div. 1 Dept.; 11/29/16; Friedman, JP, Sweeny, Saxe, Kapnick, Gesmer, JJ)