Tenant Waited Too Long to Restore Case to Court Calendar

January 1, 2005

LVT Number: 17804

Tenant sued landlord for negligence, claiming that water flooding into his apartment caused damage. The case was marked off the court's calendar in July 2000. Two and one half years later, tenant asked to restore the case to the court's calendar. The court ruled against tenant. Tenant appealed and lost. Tenant didn't show that his case had merit and didn't sufficiently explain why he waited so long to restore the case.

Tenant sued landlord for negligence, claiming that water flooding into his apartment caused damage. The case was marked off the court's calendar in July 2000. Two and one half years later, tenant asked to restore the case to the court's calendar. The court ruled against tenant. Tenant appealed and lost. Tenant didn't show that his case had merit and didn't sufficiently explain why he waited so long to restore the case.

Jasphy v. Klein: NYLJ, 12/17/04, p. 31, col. 2 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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