Landlord Waited Too Long to Bring Illegal Alteration Case

July 31, 2002

LVT Number: 15979

In 2001, landlord sued to evict tenant for violating his lease. Tenant had made unauthorized apartment alterations in 1991. Tenant asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and lost. Landlord waited too long to bring the case. There is a six-year time limit for starting cases based on the breach of a contract or agreement.

In 2001, landlord sued to evict tenant for violating his lease. Tenant had made unauthorized apartment alterations in 1991. Tenant asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and lost. Landlord waited too long to bring the case. There is a six-year time limit for starting cases based on the breach of a contract or agreement.

Roxborough Apt. Corp. v. Viard: NYLJ, 7/15/02, p. 19, col. 6 (App. T.1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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