New Trial Needed Due to Lack of Explanation in Court Decision

August 9, 2012

LVT Number: #24257

Landlord sued former tenant for rent arrears owed when tenant moved out. The court ruled for landlord after a trial, and tenant appealed. The appeals court found that a new trial was needed. It was unclear from the trial record when tenant moved out or whether there were any rent-impairing conditions. Landlord's brief testimony could be interpreted as stating that tenant moved out as early as September 2005. This evidence was at odds with the claims made in the complaint and the court's decision. The trial court also didn't explain the reason for its decision in landlord's favor.

Landlord sued former tenant for rent arrears owed when tenant moved out. The court ruled for landlord after a trial, and tenant appealed. The appeals court found that a new trial was needed. It was unclear from the trial record when tenant moved out or whether there were any rent-impairing conditions. Landlord's brief testimony could be interpreted as stating that tenant moved out as early as September 2005. This evidence was at odds with the claims made in the complaint and the court's decision. The trial court also didn't explain the reason for its decision in landlord's favor. So the court was unable to provide meaningful review on appeal.

RBD Realty Consultants, Inc. v. Espinal: NYLJ, 7/6/12, p. 24, col. 3 (App. T. 1 Dept.; Hunter Jr., JP, Shulman, Torres, JJ)

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