Landlord Waited Too Long to Seek Eviction

December 15, 2015

LVT Number: #26661

Landlord sued to evict tenant for performing unauthorized alterations in his apartment. The court granted tenant’s request to dismiss the case. Landlord appealed and lost. Landlord’s claim was time-barred since the alterations complained of were completed in 1996, more than 16 years before landlord started the eviction proceeding. The court also rejected landlord’s claim that the alterations created a nuisance. Prior landlord had given tenant written consent to perform the alterations almost 20 years earlier.

 

 

 

Landlord sued to evict tenant for performing unauthorized alterations in his apartment. The court granted tenant’s request to dismiss the case. Landlord appealed and lost. Landlord’s claim was time-barred since the alterations complained of were completed in 1996, more than 16 years before landlord started the eviction proceeding. The court also rejected landlord’s claim that the alterations created a nuisance. Prior landlord had given tenant written consent to perform the alterations almost 20 years earlier.

 

 

 

 

Magal Properties LLC v. Gritsyk: 2015 NY Slip Op 51651(U), 2015 WL 7303884 (App. T. 1 Dept; 11/19/15; Schoenfeld, JP, Shulman, Hunter Jr., JJ)

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