Court Must Recalculate Rent Due

May 31, 1999

LVT Number: 13284

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, finding that tenant owed $37,000 in back rent. Tenant appealed. The court ruled for tenant in part. Landlord had proved the amount of rent due and, given prior litigation history between the parties, tenant couldn't claim that landlord unreasonably delayed in seeking the full amount owed.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, finding that tenant owed $37,000 in back rent. Tenant appealed. The court ruled for tenant in part. Landlord had proved the amount of rent due and, given prior litigation history between the parties, tenant couldn't claim that landlord unreasonably delayed in seeking the full amount owed. The court sent the case back only for recalculation of the total actually due to landlord because tenant had submitted in court proof of payment for certain months which wasn't taken into consideration in the court's finding of the total amount due.

Edelman v. Omayad: NYLJ, p. 28, col. 6 (5/13/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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