Tenant Claims Landlord Waited Too Long to Start Case

Landlord sued to evict Mitchell-Lama tenant for nonprimary residence after getting a certificate of eviction from HPD. Landlord asked the court to decide the case without a trial, based on its attorney's statements. Tenant asked the court to dismiss the case because of landlord's delay. Tenant's request also was made based just on his attorney's statements. Tenant claimed that landlord improperly waited four months after the lease termination date to start the court case. Landlord claimed it waited to give tenant time to start a court case to appeal HPD's decision. The court ruled that whether landlord's delay warranted dismissal of the case was an issue that would have to wait for a trial, since neither side submitted statements from landlord or tenant themselves. Most important, there was no statement from tenant explaining how landlord's delay harmed her.

Bedford Gardens v. Calhoun: NYLJ, p. 31, col. 3 (10/27/99) (Civ. Ct. Kings; Alterman, J)