New Trial Required on Landlord's Claim

February 1, 1998

LVT Number: 12124

Landlord sued to evict tenant for illegal subletting of his apartment. Tenant asked the court to dismiss the case after landlord presented his claim. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Landlord had proved that tenant removed his own possessions from the apartment and that another person moved in, with whom tenant shared the rent. This was sufficient proof of landlord's claim. Tenant then had the burden of showing that landlord's claim was incorrect.

Landlord sued to evict tenant for illegal subletting of his apartment. Tenant asked the court to dismiss the case after landlord presented his claim. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Landlord had proved that tenant removed his own possessions from the apartment and that another person moved in, with whom tenant shared the rent. This was sufficient proof of landlord's claim. Tenant then had the burden of showing that landlord's claim was incorrect. The fact that the claimed subtenant moved out after landlord started the eviction proceeding also didn't warrant dismissal of the case, especially since another occupant moved in after the claimed subtenant moved out. The case was sent back to the lower court for a new trial.

Goldman v. Quintavalle: NYLJ, p. 24, col. 6 (1/2/98) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

Topics

More like this