Tenant Didn't Provide Documents to Landlord

September 30, 1995

LVT Number: 10037

Landlord sued to evict tenant for nonprimary residence. Landlord and tenant stipulated to delay trial if tenant produced documents requested by landlord. They also agreed that tenant would be barred from bringing up such proof later if the documents weren't produced on time. Tenant didn't turn over any documents and defaulted at trial. The court ruled for landlord. Tenant later asked the court to vacate the judgment. The court refused and tenant appealed. The appeals court ruled against tenant. Tenant had no excuse to justify any reopening of the case.

Landlord sued to evict tenant for nonprimary residence. Landlord and tenant stipulated to delay trial if tenant produced documents requested by landlord. They also agreed that tenant would be barred from bringing up such proof later if the documents weren't produced on time. Tenant didn't turn over any documents and defaulted at trial. The court ruled for landlord. Tenant later asked the court to vacate the judgment. The court refused and tenant appealed. The appeals court ruled against tenant. Tenant had no excuse to justify any reopening of the case. Tenant was, in fact, consistently negligent in responding to the case and had caused undue delay in the proceedings.

Jarima Associates v. Saunders: NYLJ, p. 25, col. 5 (9/20/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

Topics

More like this