20 YEARS TOO LATE

In Barklee 94 LLC v O’Keefe, the New York County Civil Court concluded that a breach of lease claim, stemming from the installation of a living room radiator cover back in 1983, was barred by a statute of limitations -- a state law which prescribes the time period within which lawsuits must be brought.

On appeal, the Appellate Term, First Department, agreed that the tenant’s conduct occurred more than twenty (20) years prior to the holdover proceeding’s commencement.

According to the AT1, since the lease breach neither violated the law nor interfered with the rights of other building occupants, the tenant’s conduct did not constitute a “continuing wrong” which would have extended the applicable six-year timeframe.

So, apparently, Barklee’s bark had no bite.

To download a copy of the Appellate Term’s decision, please use this link: Barklee 94 LLC v O’Keefe