Repeated Delays by Occupant

February 1, 1998

LVT Number: 12093

Landlord sued to evict occupant who claimed pass-on rights to tenant's apartment. The court ordered pretrial questioning of occupant. Landlord agreed to delay pretrial questioning of occupant four times at occupant's request. After the fourth time, landlord and occupant agreed by a formal agreement that occupant's answer to the court petition would be stricken if she again didn't appear for pretrial questioning. Occupant again didn't appear, and the court ruled for landlord. Occupant appealed and lost. Occupant deliberately acted to delay any resolution of the case.

Landlord sued to evict occupant who claimed pass-on rights to tenant's apartment. The court ordered pretrial questioning of occupant. Landlord agreed to delay pretrial questioning of occupant four times at occupant's request. After the fourth time, landlord and occupant agreed by a formal agreement that occupant's answer to the court petition would be stricken if she again didn't appear for pretrial questioning. Occupant again didn't appear, and the court ruled for landlord. Occupant appealed and lost. Occupant deliberately acted to delay any resolution of the case. And her claim to pass-on rights was questionable.

390 W. End Assocs. L.P. v. Hildalgo: NYLJ, p. 24, col. 6 (1/2/98) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

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