Tenant's Request for Adjournment Granted

May 31, 1993

LVT Number: 7060

Landlord sued to evict tenant. The Clarks-town town court awarded possession to landlord, along with $2,000. Tenant appealed, and the court sent the case back for a new trial. The lower court had refused tenant's request for an adjournment. The appeals court ruled that this request should've been granted. Tenant had moved out, and there was no issue of possession requiring a speedy decision. In the meantime, tenant was ordered to pay landlord $250.

Landlord sued to evict tenant. The Clarks-town town court awarded possession to landlord, along with $2,000. Tenant appealed, and the court sent the case back for a new trial. The lower court had refused tenant's request for an adjournment. The appeals court ruled that this request should've been granted. Tenant had moved out, and there was no issue of possession requiring a speedy decision. In the meantime, tenant was ordered to pay landlord $250.

McFarlane v. Walkley: NYLJ, p. 29, col. 6 (5/19/93) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)

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