After the New York County Civil Court declined to restore a nonpayment case to the calendar, an appeal ensued.
Apparently, the landlord had started the summary proceeding back in 2012 and marked the matter off calendar pending an appeal (in September 2013). Even though an appellate determination was rendered in February 2014, the landlord failed to seek restoration until 2023.
When a case has been marked off for more than a year, a movant is required to demonstrate the merits of the underlying claim, the lack of prejudice to the opposing party, the lack of intent to abandon the matter, and a reasonable excuse for the delay. In this instance, the Appellate Term, First Department, thought the 9-year delay was unjustifiable.
Even if the pendency of a class action factored into the analysis, the landlord did not explain why it took some 2 and ½ years to restore the proceeding after that class case had been settled.
Finding no “abuse of discretion,” the AT1 left the outcome undisturbed.
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DECISION