Landlord Can't Get New Trial

Landlord sued to evict tenant. The court ruled against landlord. More than a month later, landlord asked the court to reopen the case. Landlord claimed that the renewal lease form that tenant submitted as evidence at trial was a forgery. The court ruled against landlord. Landlord offered no good reason for the delay in making an issue of the lease. Landlord and its attorney had reviewed the document in question while the case was pending. Landlord now claimed it had newly discovered proof, having found out that tenant filed a complaint with the DHCR stating that she never received a renewal lease from landlord. But tenant's complaint was pending while the court case was proceeding, so this proof can't now be ''newly discovered.''

Eastburn Realty Corp. v. Suko: NYLJ, p. 27, col. 1 (1/3/96) (Civ. Ct. Bronx; Fiorella, J)