Landlord Didn't Prove Amount of Rent Owed

September 30, 1995

LVT Number: 10047

Landlord sued to evict rent-controlled tenant for nonpayment of rent. The trial court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and sent the case back for a new trial. Landlord relied entirely upon a computer printout of its billing records and didn't prove the amount of legal rent due. Tenant also wasn't given a chance to prove his claim of breach of the warranty of habitability.

Landlord sued to evict rent-controlled tenant for nonpayment of rent. The trial court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and sent the case back for a new trial. Landlord relied entirely upon a computer printout of its billing records and didn't prove the amount of legal rent due. Tenant also wasn't given a chance to prove his claim of breach of the warranty of habitability.

110 Associates v. Stier: NYLJ, p. 25, col. 5 (9/12/95) (App. T. 1 Dept.; Parness, JP, Miller, JJ)

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