New Trial Required

July 31, 1994

LVT Number: 8981

Landlord sued to evict tenant for nonprimary residence. Tenant admitted that she'd moved out of the apartment in 1989. But tenant argued that her sons, mother, and sister remained in the apartment, and should get a renewal lease. The trial court ruled for landlord, and tenant appealed. Tenant gets a new trial. Tenant didn't have a lawyer for the trial. She had trouble preparing her claim because of her lack of legal knowledge and difficulty with the English language. Also, landlord didn't prove its case.

Landlord sued to evict tenant for nonprimary residence. Tenant admitted that she'd moved out of the apartment in 1989. But tenant argued that her sons, mother, and sister remained in the apartment, and should get a renewal lease. The trial court ruled for landlord, and tenant appealed. Tenant gets a new trial. Tenant didn't have a lawyer for the trial. She had trouble preparing her claim because of her lack of legal knowledge and difficulty with the English language. Also, landlord didn't prove its case. It didn't present any evidence from neighbors or anyone in daily contact with the building. So, a new trial must be held to hear more complete evidence from both sides.

M.R.S. Realty Company v. Santos: NYLJ, p. 27, col. 3 (7/11/94) (App. T. 1 Dept.; Ostrau, JP, Miller and Glen, JJ)

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