Court Excuses Tenant's Delay in Signing Renewal Lease

May 26, 2018

LVT Number: #28391

Landlord sued to evict rent-stabilized tenant for failing to renew his lease. The court ruled for landlord. Tenant then asked the court to permanently stop execution on the eviction warrant because tenant had now signed the renewal lease. The court ruled for tenant. Landlord appealed and lost. The court's post-trial action wasn't an abuse of discretion. Tenant was disabled, and had cured the tenancy violation by signing the renewal lease, with minor delay.

Landlord sued to evict rent-stabilized tenant for failing to renew his lease. The court ruled for landlord. Tenant then asked the court to permanently stop execution on the eviction warrant because tenant had now signed the renewal lease. The court ruled for tenant. Landlord appealed and lost. The court's post-trial action wasn't an abuse of discretion. Tenant was disabled, and had cured the tenancy violation by signing the renewal lease, with minor delay.

133 Realty 2010 LLC v. Fitzpatrick: 59 Misc.3d 137(A), 2018 NY Slip Op 50558(U) (App. T. 1 Dept.; 4/17/18; Ling-Cohan, JP, Cooper, Edmead, JJ)

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