Lease Should Have Been Allowed Into Evidence

Landlord sued to evict tenant for keeping a pet in violation of his lease. The court ruled against landlord and dismissed the case. Landlord appealed and won. Landlord presented in court a 1985 vacancy lease signed by tenant and prior landlord. The court didn't allow the lease into evidence because it said that landlord couldn't prove the signature was tenant's. But landlord also showed a 1990 lease with the same tenant's signature, so that it could be compared with the signature on the 1985 lease. And landlord should have been allowed to submit the 1985 lease as a business record contained in its files. Also, the trial court erred by requiring landlord to prove the signature of prior landlord on the 1985 lease, since landlord was enforcing the lease against tenant---not against prior landlord. This wasn't necessary. The case was sent back for a new trial.

Tuscan Realty Corp. v. O'Neill: NYLJ, 6/27/01, p. 20, col. 3 (App. T.2 Dept.; Scholnick, PJ, Aronin, Patterson, JJ)