New Trial Required on Tenant's Claim

June 30, 2004

LVT Number: 17465

Former tenant sued landlord in small claims court for a refund of rent and security deposit. She claimed that landlord created a hostile environment. The court ruled for tenant and awarded her $900. Landlord appealed. The appeals court ruled for landlord and ordered a new trial. Tenant was allowed to call and question two witnesses. The court questioned the witnesses but didn't allow landlord to cross-examine them, which landlord had a right to do.

Former tenant sued landlord in small claims court for a refund of rent and security deposit. She claimed that landlord created a hostile environment. The court ruled for tenant and awarded her $900. Landlord appealed. The appeals court ruled for landlord and ordered a new trial. Tenant was allowed to call and question two witnesses. The court questioned the witnesses but didn't allow landlord to cross-examine them, which landlord had a right to do.

Rizopoulos v. Cartelli: NYLJ, 6/18/04, p. 25, col. 4 (App. T. 2 Dept.; McCabe, PJ, Rudolph, Angiolillo, JJ)

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