Landlord Entitled to Additional Amount

November 1, 1997

LVT Number: 11888

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, but limited recovery of back rent to 10 months because landlord had stipulated to do so. Landlord appealed, claiming that it was entitled to further back rent. The appeals court ruled for landlord. The lower court's ruling that landlord agreed to limit claimed back rent due to 10 months was in error. Landlord hadn't given up its claim to further back rent, and tenant didn't raise timely defense based on landlord's delay in seeking the back rent due.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, but limited recovery of back rent to 10 months because landlord had stipulated to do so. Landlord appealed, claiming that it was entitled to further back rent. The appeals court ruled for landlord. The lower court's ruling that landlord agreed to limit claimed back rent due to 10 months was in error. Landlord hadn't given up its claim to further back rent, and tenant didn't raise timely defense based on landlord's delay in seeking the back rent due.

Mahile Trust for Jeanie Nourafchar v. Paley: NYLJ, p. 29, col. 2 (10/24/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Davis, JJ)

Topics

More like this