Landlord Didn't Have to Show Repairs Made

May 31, 1998

LVT Number: 12356

(Decision submitted by Lake Success attorney Scott D. Gross, attorney for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant agreed that landlord would make certain repairs and tenant would make back-rent payments. Landlord later asked the court to award judgment of possession based on tenant's failure to make the agreed-upon payments. Tenant claimed landlord hadn't made the agreed-upon repairs. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord.

(Decision submitted by Lake Success attorney Scott D. Gross, attorney for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant agreed that landlord would make certain repairs and tenant would make back-rent payments. Landlord later asked the court to award judgment of possession based on tenant's failure to make the agreed-upon payments. Tenant claimed landlord hadn't made the agreed-upon repairs. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. The agreement neither stated nor implied that landlord must complete repairs before it could seek a judgment and issuance of an eviction warrant based on tenant's failure to make the back-rent payments.

Caton, LLC v. Epps: NYLJ, p. 31, col. 4 (5/6/98) (App. T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

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