New Trial Required for Illegal Use Case

December 1, 1998

LVT Number: 12797

Landlord sued to evict tenant for illegal use Of the apartment. The court ruled for landlord, and tenant appealed. Tenant claimed that the court had improperly permitted landlord to introduce evidence of unrelated events, including a prior unrelated eviction case. The court ruled for tenant and sent the case back for a new trial. Tenant hadn't been represented by an attorney and hadn't objected to landlord's proof at the trial. But the court had made errors that affected the outcome of the trial to tenant's detriment.

Landlord sued to evict tenant for illegal use Of the apartment. The court ruled for landlord, and tenant appealed. Tenant claimed that the court had improperly permitted landlord to introduce evidence of unrelated events, including a prior unrelated eviction case. The court ruled for tenant and sent the case back for a new trial. Tenant hadn't been represented by an attorney and hadn't objected to landlord's proof at the trial. But the court had made errors that affected the outcome of the trial to tenant's detriment.

City of New York v. Hernandez: NYLJ, p. 32, col. 4 (11/19/98) (App. T. 1 Dept.; Pamess, PJ, Freedman, Davis, JJ)

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