Tenant Started Case to Be Restored to Possession on Time

(Decision submitted by Manhattan attorney Robert Grimble, who represented the tenant.) A fire in landlord's building resulted in a DOB vacate order sealing the building. Landlord later began repairs to the building. Tenant sued landlord two years after the fire, seeking to be restored to possession. Landlord claimed that tenant's claim was too late because a one-year time limit applied to tenant's case. Tenant claimed that a three-year time limit applied. The court ruled for tenant. The court found that the one-year time limit applied to a lawsuit for damages based on wrongful eviction, but that a three-year time limit applied under RPAPL section 713(10) to tenant's claim to recover possession of the apartment. So tenant's case was on time.

Grassini v. E. 92nd St. Holdings: L&T Index No. 115529/98 (1/30/99) (Civ. Ct. NY; Friedman, J) [2-pg. doc.]