Trial Court Improperly Denied Landlord's Delay Request

July 31, 1999

LVT Number: 13419

Landlord sued to evict tenant for breaching a no-alterations clause in his lease. Landlord asked the trial court for a short delay of the case to bring in a witness to verify the lease and other documents. The court ruled against landlord and dismissed the case. Landlord appealed and won. The trial court should have granted landlord's request. In addition, landlord didn't have to prove delivery of the notice to cure and the termination notice, as the court demanded, because tenant didn't claim these documents weren't delivered.

Landlord sued to evict tenant for breaching a no-alterations clause in his lease. Landlord asked the trial court for a short delay of the case to bring in a witness to verify the lease and other documents. The court ruled against landlord and dismissed the case. Landlord appealed and won. The trial court should have granted landlord's request. In addition, landlord didn't have to prove delivery of the notice to cure and the termination notice, as the court demanded, because tenant didn't claim these documents weren't delivered.

815 Realty Co. v. Lopez: NYLJ, p. 28, col. 3 (7/7/99) (App. T.1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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