Tenant Can't Get Trial for Counterclaims

LVT Number: 10337

Landlord sued to evict tenant. At some point the case was marked off the court's calendar. Three years later tenant asked the court to revive the case and hold a trial on his counterclaims. The court refused to do so, and tenant appealed. The appeals court again ruled against tenant. Tenant presented no explanation why he waited so long to try to reactivate the case.

Landlord sued to evict tenant. At some point the case was marked off the court's calendar. Three years later tenant asked the court to revive the case and hold a trial on his counterclaims. The court refused to do so, and tenant appealed. The appeals court again ruled against tenant. Tenant presented no explanation why he waited so long to try to reactivate the case.

Choi v. Estig: NYLJ, p. 29, col. 3 (1/17/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)