Landlord Didn't Appear at Hearing

December 1, 1994

LVT Number: 9296

Landlord sued to evict tenant for nonpayment of rent, and tenant claimed a breach of the warranty of habitability. When landlord didn't appear at the hearing, the court dismissed the case. Landlord appealed, and the appeals court upheld the lower court's ruling. Landlord didn't have a reasonable excuse for not appearing at the hearing. Landlord's attorney knew of the hearing date well in advance, and had made a strategic choice not to appear. Also, landlord hadn't shown up on two other occasions when its own motion was scheduled to be heard.

Landlord sued to evict tenant for nonpayment of rent, and tenant claimed a breach of the warranty of habitability. When landlord didn't appear at the hearing, the court dismissed the case. Landlord appealed, and the appeals court upheld the lower court's ruling. Landlord didn't have a reasonable excuse for not appearing at the hearing. Landlord's attorney knew of the hearing date well in advance, and had made a strategic choice not to appear. Also, landlord hadn't shown up on two other occasions when its own motion was scheduled to be heard.

Partnership 91 L.P. v. Carter-Morrell: NYLJ, p. 28, col. 4 (11/7/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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