Tenants Must Pay Use and Occupancy

(Decision submitted by Jeffrey Goldman of the Manhattan law firm of Belkin Burden Wenig & Goldman, LLP, attorneys for the landlord.) Landlord sued to evict tenants. Landlord asked the court to direct tenants to pay use and occupancy while the case was pending. The court ruled for landlord on this issue. Tenants had delayed questioning before trial and didn't produce documents ordered by the court, which unfairly delayed the proceedings. Landlord was therefore entitled to get use and occupancy under the Real Property Actions and Proceedings Law.

390 West End Assocs., L.P. v. Atkins: L&T Index No. 50586/96 (9/4/96) (Civ. Ct. NY; Shulman, J) [5-page document]