Landlord Never Answered Court Claim

September 30, 1995

LVT Number: 9082

The DHCR found that tenant had been overcharged. Tenant then sued landlord to get back the overcharge amount. Landlord didn't answer tenant's claim in court. But the court dismissed tenant's case because more than four years had passed since the overcharge period ended. Tenant appealed, and the appeals court sent the case back for a trial to determine tenant's damages. The trial court shouldn't have dismissed the case. Since landlord had never defended the lawsuit, it couldn't claim that tenant waited too long to start the lawsuit.

The DHCR found that tenant had been overcharged. Tenant then sued landlord to get back the overcharge amount. Landlord didn't answer tenant's claim in court. But the court dismissed tenant's case because more than four years had passed since the overcharge period ended. Tenant appealed, and the appeals court sent the case back for a trial to determine tenant's damages. The trial court shouldn't have dismissed the case. Since landlord had never defended the lawsuit, it couldn't claim that tenant waited too long to start the lawsuit.

Cannon v. Miller: NYLJ, p. 28, col. 3 (8/1/94) (App. T. 1 Dept.; Ostrau, JP, Miller, Glen, JJ)

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