Judge's Delay of Nonpayment Case Irresponsible

(Decision submitted by Eugene Reisman of the Yonkers law firm of Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P.C., attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent in early 1995. Tenant didn't appear in court, and the court ruled for landlord. Tenant subsequently got an order to show cause (OSC), which was to be completed by March 7. Tenant didn't mail the OSC until March 10, and landlord received it after the March 14 return date. Landlord advised the judge in the case about the service defect but claimed the judge threatened to reserve decision. No decision on tenant's OSC was issued until June 13. By that time, $4,000 in use and occupancy had accrued. In the meantime, landlord sued the judge, asking the court to force her to issue a decision in the case. The court ruled against landlord because by the time the case got to court, the judge had issued a decision in the nonpayment proceeding. However, the court did point out that the judge's delay was ''irresponsible to the extreme.''

Harbeth Management v. Alterman: Index No. 16499/95 (8/16/95) (Sup. Ct. Bronx; Crispino, J) [3-page document]