Case Reopened

August 31, 2001

LVT Number: 15231

Landlord sued to evict tenant for nonprimary residence. At the trial, landlord asked the court for permission to question tenant as a witness after it had finished questioning its other witnesses. The court denied landlord's request and found that landlord hadn't presented enough proof to make a claim. The court then dismissed the case. Landlord appealed. The appeals court ruled for landlord and reopened the case. The court should have allowed landlord to question tenant. Tenant hadn't yet presented his own witnesses, and there would have been no harm done.

Landlord sued to evict tenant for nonprimary residence. At the trial, landlord asked the court for permission to question tenant as a witness after it had finished questioning its other witnesses. The court denied landlord's request and found that landlord hadn't presented enough proof to make a claim. The court then dismissed the case. Landlord appealed. The appeals court ruled for landlord and reopened the case. The court should have allowed landlord to question tenant. Tenant hadn't yet presented his own witnesses, and there would have been no harm done.

22 St. Marks Pl., LP v. Mihara: NYLJ, 8/16/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

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