Court Improperly Ruled for Landlord Without Trial

August 9, 2012

LVT Number: #24256

Landlord sued to evict tenant for nonpayment of rent. At the time of trial, tenant claimed that she was unprepared and asked the court to adjourn the case. The court refused and, without conducting a trial, awarded landlord the claimed arrears of $4,000, despite tenant's claim that it wasn't owed. Tenant appealed, and the case was reopened. Even if it was appropriate for the court to deny tenant an adjournment, it was an error for the court to award landlord a final judgment without taking testimony at a trial.

Landlord sued to evict tenant for nonpayment of rent. At the time of trial, tenant claimed that she was unprepared and asked the court to adjourn the case. The court refused and, without conducting a trial, awarded landlord the claimed arrears of $4,000, despite tenant's claim that it wasn't owed. Tenant appealed, and the case was reopened. Even if it was appropriate for the court to deny tenant an adjournment, it was an error for the court to award landlord a final judgment without taking testimony at a trial.

Oakwood Terrace Housing Corp. v. Monk: NYLJ, 7/2/12, p. 27, col. 3 (App. T. 2 Dept.; Nicolai, PJ, LaCava, Iannacci, JJ)

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