Tenant Must Pay Use and Occupancy While Case Pending

(Decision submitted by Anthony J. Cornicello of the Manhattan law firm of Fromme Schwartz Newman & Cornicello, LLP, attorneys for the landlord.) Landlord sued to evict tenant to recover the apartment for owner occupancy. Tenant asked the court for permission to conduct pretrial questioning of landlord. Landlord asked that tenant pay use and occupancy (u&o) while the case was pending. The court ruled for landlord on the issue of u&o. Since landlord was required to maintain services to tenant, and tenant's request for pretrial questioning would delay the case, it was reasonable that tenant pay u&o. Also, since tenant's request for pretrial questioning had delayed the case for more than 30 days, the rent deposit provisions of RPAPL §745(2) applied. Since the building contained fewer than 12 units, tenant must pay u&o directly to landlord. Tenant was ordered to pay u&o retroactively from December 1997, which was when the case started.

Wolohojian v. Hansbury: L&T Index No. 115186/97 (5/20/98) (Civ. Ct. NY; Shulman, J) [9-page document]