Matera v. Stram

OPINION OF THE COURT

Order, entered August 1, 2007, modified to vacate the award of interim use and occupancy; as modified, order affirmed, without costs.

Plaintiffs, owners of a residential apartment building located on West 10th Street, in Manhattan, commenced this plenary action in February 2004, alleging that defendant, a rent regulated tenant who continues to reside in the building, owes rent arrears dating back to September 1999. Depositions, scheduled to be completed by August 2006, were *3never held, and prosecution of the matter has languished. It appears that the delay was attributable,…