Landlord Not Ready for Trial

October 31, 2009

LVT Number: #22249

Landlord sued to evict tenant for nonpayment of rent. On the trial date, the court denied landlord's request for an adjournment and granted tenant a rent abatement. Landlord appealed and lost. The trial court's decision was fair. Landlord needed an adjournment only because it hadn't adequately prepared for the trial. And although landlord claimed that it had new evidence warranting revocation of the rent abatement, it failed to show that this proof was only recently discovered or couldn't have been discovered previously.

Landlord sued to evict tenant for nonpayment of rent. On the trial date, the court denied landlord's request for an adjournment and granted tenant a rent abatement. Landlord appealed and lost. The trial court's decision was fair. Landlord needed an adjournment only because it hadn't adequately prepared for the trial. And although landlord claimed that it had new evidence warranting revocation of the rent abatement, it failed to show that this proof was only recently discovered or couldn't have been discovered previously.

Nalea Realty Corp. v. Rodriguez: NYLJ, 10/27/09, p. 31, col. 3 (App. T. 1 Dept.; McKeon, PJ, Heitler, Shulman, JJ)

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