Did Tenant Send Sublet Request?

June 30, 1993

LVT Number: 8024

Landlord sued to evict tenant for illegal subletting. Tenant claimed that she'd sent landlord a written sublet request. Tenant didn't have an attorney and didn't show any proof that she'd mailed the sublet notice. The trial court ruled for landlord, and tenant appealed. The appeals court ruled that a new trial was needed to examine the facts more fully. The trial court didn't give tenant a chance to produce her postal receipt. But tenant had testified that she'd mailed the request, showed a copy of the request, and stated that landlord had orally consented.

Landlord sued to evict tenant for illegal subletting. Tenant claimed that she'd sent landlord a written sublet request. Tenant didn't have an attorney and didn't show any proof that she'd mailed the sublet notice. The trial court ruled for landlord, and tenant appealed. The appeals court ruled that a new trial was needed to examine the facts more fully. The trial court didn't give tenant a chance to produce her postal receipt. But tenant had testified that she'd mailed the request, showed a copy of the request, and stated that landlord had orally consented. Landlord didn't deny this at the first trial.

Bak Lee Tat International v. Yuen: NYLJ, p. 21, col. 6 (6/8/93) (App. T. 1 Dept.; Ostrau, JP, Miller, McCooe, JJ)

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