New Trial Ordered

March 1, 1993

LVT Number: 6827

Landlord sued tenant in Rockland County for nonpayment of rent. Landlord also claimed that he was entitled to both late charges for the one-and-one-half months that rent was owed and to water service charges. Tenant moved out after landlord started his court action and claimed that landlord owed him a security deposit of $2,900. The trial court ruled that tenant owed landlord $2,400, but that landlord owed tenant his security deposit. Therefore, landlord owed tenant $500. Landlord appealed, claiming that tenant owed him more than $2,900, so the court was wrong to award tenant any amount.

Landlord sued tenant in Rockland County for nonpayment of rent. Landlord also claimed that he was entitled to both late charges for the one-and-one-half months that rent was owed and to water service charges. Tenant moved out after landlord started his court action and claimed that landlord owed him a security deposit of $2,900. The trial court ruled that tenant owed landlord $2,400, but that landlord owed tenant his security deposit. Therefore, landlord owed tenant $500. Landlord appealed, claiming that tenant owed him more than $2,900, so the court was wrong to award tenant any amount. The appeals court found that it couldn't determine from the record how the trial court had made its determination. The case was sent back for a new trial

[Konstantinidis v. Rosenblatt: NYLJ, p. 32, col. 4 (2/1/93) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)].

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