Did Landlord Wait Too Long to Seek Rent in Eviction Proceeding?
LVT Number: #30317
Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $28,708. Tenant claimed that landlord waited too long to seek payment of rent owed, and that the delay was unreasonable and inexcusable. Tenant sought dismissal of a large portion of the rent arrears claim. The court refused to grant tenant's request. A trial was needed to determine if there was laches--that is, an unreasonable delay that prejudiced tenant. But tenant did show ample need to conduct pretrial questioning with a request for document production.
Ollie Associates LLC v. Santos: 64 Misc.3d 1208(A), 2019 NY Slip Op 51085(U) (Civ. Ct. NY; 7/1/19; Ibrahim, J)