New Trial Required on Landlord's Claim for Cost of Repairs

Landlord sued tenant for damages to tenant's apartment. At the trial, landlord submitted photographs taken of the apartment before and after tenant lived there, as well as paid bills for the cost of repairs after tenant moved out. The court ruled for landlord and awarded him $7,000. Tenant appealed. The appeals court ruled for tenant and sent the case back for a new trial. Since landlord's repair bills were over $2,000, court rules required that the person who made the repairs certify the bills and make a verified statement that no part of the payment would be refunded, and that the charges were made at the provider's usual rate. That wasn't done at the trial in this case.

Andreani v. Feygin: NYLJ, 2/16/06, p. 27, col. 5 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)