Case Type

Non-payment

Housing Type

Other

Court

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

570482/24

Slip Opinion Number

2024 NY Slip Op 51742(U)

Petitioner

Clermont York Associates LLC

Respondent

EJ Zgodny

Judge

Tisch, J.P., James, Perez, JJ.

Decision/Order Date

2024-12-24

Posture

Other

Disposition

Other

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding, the landlord moved to restore the case to the court calendar after a nine-year delay following an interlocutory appeal. The court denied the motion, finding that the landlord failed to demonstrate a reasonable excuse for the lengthy delay, a crucial factor for granting restoration motions. The court emphasized the importance of diligence in prosecuting legal claims and the potential prejudice to the tenant from such a significant delay.

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