New Trial Required

July 31, 2005

LVT Number: 18290

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and awarded it $1,000 in rent, plus attorney's fees. Tenant appealed, claiming that landlord hadn't sent a proper rent demand before starting the court case. The appeals court ruled for tenant. The trial court record didn't indicate whether landlord proved that a proper oral or written rent demand was made. A new trial was required to determine the facts.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and awarded it $1,000 in rent, plus attorney's fees. Tenant appealed, claiming that landlord hadn't sent a proper rent demand before starting the court case. The appeals court ruled for tenant. The trial court record didn't indicate whether landlord proved that a proper oral or written rent demand was made. A new trial was required to determine the facts.

Orc. Sycamore Assocs., Inc. V. Dietz: NYLJ, 7/18/05, p. 38, col. 4 (App. T. 2 Dept.; McCabe, PJ, Angiolillo, Covello, JJ)

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