Eviction Case Deemed Abandoned

July 31, 2006

LVT Number: 19021

Landlord sued to evict apartment occupant after rent-controlled tenant died in 2003. Occupant was tenant's son and claimed pass-on rights. In 2004, the case was marked off the court's calendar and landlord conducted pretrial questioning. Two years later, landlord asked the court to restore the case to the court's calendar. The court ruled against landlord. If a case is marked off the court's calendar for a year, it's deemed abandoned. Landlord had taken no action on the case for a long time and showed no reasonable excuse for his delay.

Landlord sued to evict apartment occupant after rent-controlled tenant died in 2003. Occupant was tenant's son and claimed pass-on rights. In 2004, the case was marked off the court's calendar and landlord conducted pretrial questioning. Two years later, landlord asked the court to restore the case to the court's calendar. The court ruled against landlord. If a case is marked off the court's calendar for a year, it's deemed abandoned. Landlord had taken no action on the case for a long time and showed no reasonable excuse for his delay.

Ramirez v. Mejia: NYLJ, 7/6/06, p. 26, col. 1 (Civ. Ct. NY; Finkelstein, J)

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