Hognestad v. Rabideau

OPINION OF THE COURT

Thomas Marcelle, J.

Petitioner Hognestad (landlord) brought a nonpayment proceeding (RPAPL 711 [2]). The petition alleged that respondent Rabideau (tenant), who ran a barbershop, had failed to pay any rent for six months. At the return date of the petition, the court allowed the tenant to provide an oral answer to the petition (22 NYCRR 210.7). Instead of answering, the tenant requested an adjournment to obtain counsel. The court granted the adjournment but admonished:

“Under the law, we have to resolve this case in ten days unless there is a mutual agreement otherwise. So…