Landlord Can Restore Case to Trial Calendar

February 1, 1999

LVT Number: 12971

Landlord sued to evict tenant for nonpayment of rent. At some point the case was marked off the court's calendar. Landlord later asked to restore the case to the trial calendar. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. Landlord showed it had a valid claim for rent and a reasonable excuse for its delay in pursuing the case. There had also been contact between landlord's and tenant's attorneys while the case was marked off the calendar.

Landlord sued to evict tenant for nonpayment of rent. At some point the case was marked off the court's calendar. Landlord later asked to restore the case to the trial calendar. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. Landlord showed it had a valid claim for rent and a reasonable excuse for its delay in pursuing the case. There had also been contact between landlord's and tenant's attorneys while the case was marked off the calendar.

Arnav Industries, Inc. v. Pitari: NYLJ, p. 26, col. 1 (1/13/99) (App. T. 1 Dept.; McCooe, JP, Davis, J)

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