Tenant Violated Stipulation

September 30, 1997

LVT Number: 11782

Landlord sued to evict occupant from a rent-regulated apartment after tenant moved out. Occupant claimed pass-on rights. After occupant didn't appear for pretrial questioning, landlord and occupant signed an agreement in which occupant agreed to appear for pretrial questioning. Both sides were represented by attorneys and agreed that if occupant didn't obey the agreement, his answer to landlord's petition would be stricken. Occupant didn't appear for pretrial questioning and didn't produce required documents without explanation. The court ruled for landlord, and occupant appealed.

Landlord sued to evict occupant from a rent-regulated apartment after tenant moved out. Occupant claimed pass-on rights. After occupant didn't appear for pretrial questioning, landlord and occupant signed an agreement in which occupant agreed to appear for pretrial questioning. Both sides were represented by attorneys and agreed that if occupant didn't obey the agreement, his answer to landlord's petition would be stricken. Occupant didn't appear for pretrial questioning and didn't produce required documents without explanation. The court ruled for landlord, and occupant appealed. The appeals court ruled against occupant, who showed a persistent pattern of neglect and delay in response to the proceeding.

390 West End Assocs. v. Winogradoff: NYLJ, p. 25, col. 2 (9/23/97) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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