Dismissal of Landlord's Case Vacated

July 31, 1996

LVT Number: 10788

Landlord sued to evict tenant for nonpayment of rent. Landlord's attorney became ill on the night before trial. Another attorney from his office asked the court to briefly delay the trial. The court refused and dismissed the case based on landlord's not pursuing it. Landlord appealed and won. The trial court's dismissal of landlord's case was unreasonable. There was no history of delay on landlord's part, and it is generally preferable to decide all cases on the merits.

Landlord sued to evict tenant for nonpayment of rent. Landlord's attorney became ill on the night before trial. Another attorney from his office asked the court to briefly delay the trial. The court refused and dismissed the case based on landlord's not pursuing it. Landlord appealed and won. The trial court's dismissal of landlord's case was unreasonable. There was no history of delay on landlord's part, and it is generally preferable to decide all cases on the merits.

Simkowitz v. Birden: NYLJ, p. 25, col. 3 (7/9/96) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

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