Tenant Waited Too Long to Sue for Wrongful Eviction

December 1, 1996

LVT Number: 11052

Tenant sued landlord for damages based on wrongful eviction. Tenant was evicted in January 1986 for not appearing in court in response to a nonpayment proceeding. Tenant sued landlord shortly thereafter. The court vacated the default judgment and eviction warrant. But tenant's claim for money damages was discontinued in July 1987. Even if the discontinuance was involuntary, the time limit for tenant's damages claim expired at the latest on Jan. 13, 1988. Tenant's renewed claim wasn't filed until after this date and so was not on time.

Tenant sued landlord for damages based on wrongful eviction. Tenant was evicted in January 1986 for not appearing in court in response to a nonpayment proceeding. Tenant sued landlord shortly thereafter. The court vacated the default judgment and eviction warrant. But tenant's claim for money damages was discontinued in July 1987. Even if the discontinuance was involuntary, the time limit for tenant's damages claim expired at the latest on Jan. 13, 1988. Tenant's renewed claim wasn't filed until after this date and so was not on time.

Urra v. Friedman: 648 NYS2d 41 (1996) (App. Div. 2 Dept.; Mangano, PJ, Miller, Ritter, Altman, JJ)

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