Landlord Proves Case Through Tenant's Admissions
LVT Number: #24172
(Decision submitted by Bronx attorney Jeffrey F. Cohen of the Law Offices of Jeffrey F. Cohen, who represented the landlord.)
Landlord sued to evict rent-stabilized tenant for nonpayment of substantial back rent. The court ruled against landlord after a trial because landlord didn't have leases to prove its case. Landlord appealed and won. In trial testimony, tenant admitted facts and sought attorney's fees based on a provision in his lease with prior landlord. There was sufficient information in tenant's statements to prove the landlord-tenant relationship, the amount of tenant's rent under the lease, the amounts paid, and the balance of back rent owed.
B.N. Realty Associates v. Lichtenstein: NYLJ, 6/11/12, p. 18, col. 2 (App. Div. 1 Dept.; Gonzalez, PJ, Andrias, Saxe, DeGrasse, Roman, JJ)