N.Y. Court Excuses Tenants' Delay in Resuming Occupancy

NEW YORK - A New York appellate court has rejected a landlord's effort to evict tenants because of an extensive delay in resuming occupancy after mold remediation and other repairs. 157 East 57th Street LLC v. Birrenbach, No. 570172/06 (N.Y. Sup. Ct., App. Term, 1st Dept.).

In a July 26 per curiam opinion, the Supreme Court Appellate Term, 1st Department, reversed a final judgment in favor of 157 East 57th Street LLC by New York City's Civil Court, which found that Thomas and Cleopatra Birrenbach had failed to maintain their rent-controlled Manhattan apartment as their primary residence.

That ruling, if …