Mantia v. Jazz City, Inc.

STOULIG, Judge.

This is the second motion filed by appel-lee seeking a dismissal of appellant’s sus-pensive appeal from a judgment of eviction. The motion is based upon the contention that appellant failed to assert under oath an affirmative defense entitling it to remain in possession of the premises.

A review of the proceedings in this matter reflects that the rule for possession of the premises was filed more than one year ago and that the lease terminates in approximately 17 days. However, the delay 'experienced in concluding the summary *273proceeding is not due to want of diligence by counsel…