New Trial Ordered

June 30, 2000

LVT Number: 14206

HPD sued landlord for not providing heat and hot water to tenants. On the day of the trial, landlord's attorney asked for a delay because landlord forgot to bring the file with records concerning boiler repairs. Landlord was elderly, under medication, and not well on the trial date. HPD wouldn't agree to the delay, so the trial went ahead without landlord having access to file documents. The court fined landlord over $28,000. Landlord appealed and won. Landlord had not requested any prior delays and should have been given one to properly defend against HPD's claim.

HPD sued landlord for not providing heat and hot water to tenants. On the day of the trial, landlord's attorney asked for a delay because landlord forgot to bring the file with records concerning boiler repairs. Landlord was elderly, under medication, and not well on the trial date. HPD wouldn't agree to the delay, so the trial went ahead without landlord having access to file documents. The court fined landlord over $28,000. Landlord appealed and won. Landlord had not requested any prior delays and should have been given one to properly defend against HPD's claim. The case was sent back for a new trial.

HPD v. 163 Ocean Tenants Corp.: NYLJ, 6/7/00, p. 28, col. 5 (A.T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

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