Tenant Waited Too Long Before Asking for Dismissal of Case

June 30, 1999

LVT Number: 13347

Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord. Almost a year later, tenant asked the court to dismiss the case. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. Tenant had signed an agreement, through his attorney, that landlord's petition was proper. And tenant hadn't appealed the court's original ruling. So tenant's request wasn't on time.

Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord. Almost a year later, tenant asked the court to dismiss the case. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. Tenant had signed an agreement, through his attorney, that landlord's petition was proper. And tenant hadn't appealed the court's original ruling. So tenant's request wasn't on time.

433 West Assocs. v. Murdock: NYLJ, p. 26, col. 1 (6/23/99) (App. T. 1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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