New Trial Required on Nonpayment Case

Tenant sued to evict subtenant for nonpayment of rent. Subtenant claimed breach of the warranty of habitability. Subtenant also claimed that tenant had reduced his monthly rent of $8,000 to $7,000 by letter agreement dated sometime after signing the lease. The court ruled for subtenant in part, giving subtenant a $12,000 rent abatement. The court also noted that the letter agreement was accepted into evidence without objection from tenant. But the court ruled that the monthly rent remained $8,000, not $7,000. Subtenant appealed. The appeals court ruled for subtenant and ordered a new trial. The trial court didn't explain the contradiction between accepting the letter agreement as proof but ruling that the monthly rent remained at the higher amount. The parties' intent couldn't be determined from the documents and the trial record. So a new trial was needed to take testimony on this question.

Joseph v. Trust: NYLJ, 4/5/05, p. 22, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Davis, JJ)