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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hudsonview Co. v. Jenkins, 169 Misc. 2d 389 (1996)

Citation
Hudsonview Co. v. Jenkins, 169 Misc. 2d 389 (1996)
Parent Document
Hudsonview Co. v. Jenkins, 169 Misc. 2d 389 (1996)
Jurisdiction
New York (state)
Effective Date
1996-06-04

Other Sections in This Document (36)

Full Text

869 chars
Because the right to possession terminates at the time of the illegal use, and not at the time of the judicial determination, *396laches is conceptually inapplicable as a defense to an illegal use proceeding. The issue at the trial is not whether the tenancy should be terminated based on what the tenant may or may not have done 14 months prior to commencement of the proceeding. Rather, the issue at trial is whether the tenant knowingly used, or acquiesced in the use, of his apartment for an illegal trade, business or use. If petitioner is able to prove that at trial, the legal consequence of such a finding would be that the tenancy ended in December 1994. Under those circumstances, respondent derived benefit, not detriment, from any delay. Neither has respondent demonstrated that the passage of time has prejudiced his ability to defend this case. CONCLUSION