Illegal Sublet Case Deemed Abandoned

January 1, 1996

LVT Number: 10265

Landlord sued to evict tenant in 1993 for illegal subletting. In 1994 the case was marked off the trial calendar. In 1995 landlord asked the court to find tenant in default of a 1994 stipulation and to restore the case to the court's calendar. The court ruled against landlord. The motion to restore wasn't timely. Under court rules, such request must be made within one year after the case is marked off. Since it wasn't, the case was deemed abandoned.

Landlord sued to evict tenant in 1993 for illegal subletting. In 1994 the case was marked off the trial calendar. In 1995 landlord asked the court to find tenant in default of a 1994 stipulation and to restore the case to the court's calendar. The court ruled against landlord. The motion to restore wasn't timely. Under court rules, such request must be made within one year after the case is marked off. Since it wasn't, the case was deemed abandoned.

474 W. 150th St. Realty Corp. v. Lewis: NYLJ, p. 28, col. 4 (12/20/95) (Civ. Ct. NY; Braun, J)

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