Landlord's Delay Wasn't Unreasonable

January 1, 2000

LVT Number: 13790

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord in part, but gave tenant a rent abatement for a period when substantial renovations were being done in the building. Tenant appealed, claiming that landlord had delayed starting the nonpayment case, and so should be barred from suing tenant for back rent. The appeals court ruled against tenant. Landlord didn't delay unreasonably. There had, in fact, been a number of prior cases against tenant.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord in part, but gave tenant a rent abatement for a period when substantial renovations were being done in the building. Tenant appealed, claiming that landlord had delayed starting the nonpayment case, and so should be barred from suing tenant for back rent. The appeals court ruled against tenant. Landlord didn't delay unreasonably. There had, in fact, been a number of prior cases against tenant.

United Tenants Assn. v. Price: NYLJ, p. 24, col. 6 (12/30/99) (App. T.1 Dept.; Freedman, JP, McCooe, Davis, JJ)

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