Hearing Required on Tenant's Fraud Claim

May 31, 2002

LVT Number: 15835

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear in court and issued an eviction warrant. After the eviction, tenant claimed that landlord didn't properly send all notices and court papers. She also said that two days before the eviction, landlord had said she could pay the back rent owed 12 days later. She asked the court to vacate the eviction warrant based on landlord's fraud or misconduct. The court ruled for tenant and restored her to possession. Landlord appealed.

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear in court and issued an eviction warrant. After the eviction, tenant claimed that landlord didn't properly send all notices and court papers. She also said that two days before the eviction, landlord had said she could pay the back rent owed 12 days later. She asked the court to vacate the eviction warrant based on landlord's fraud or misconduct. The court ruled for tenant and restored her to possession. Landlord appealed. The appeals court ruled that tenant may have a valid fraud claim, but that landlord wasn't given sufficient chance to respond. The case was sent back for a hearing.

Marcus v. Boonsompornkul: NYLJ, 5/15/02, p. 20, col. 1 (App. T.2 Dept.; Aronin, JP, Golia, Patterson, JJ)

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