New Trial Required

June 30, 2006

LVT Number: 18992

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord after a trial. Landlord was awarded possession and $3,558 in back rent. Tenant appealed, claiming an error. The appeals court ruled for tenant. The trial court allowed tenant to claim a breach of the warranty of habitability. But the court limited proof to the months for which landlord claimed back rent was owed. A new trial was needed so tenant could submit additional proof of his claim.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord after a trial. Landlord was awarded possession and $3,558 in back rent. Tenant appealed, claiming an error. The appeals court ruled for tenant. The trial court allowed tenant to claim a breach of the warranty of habitability. But the court limited proof to the months for which landlord claimed back rent was owed. A new trial was needed so tenant could submit additional proof of his claim.

Mazzurco v. Wisniewski: NYLJ, 6/13/06, p. 32, col. 5 (App. T. 2 Dept.; Rudolph, PJ, McCabe, Tanenbaum, JJ)

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