New Trial Required on Tenant's Claim

April 1, 2006

LVT Number: 18791

Former tenant sued landlord in small claims court for return of her $1,200 security deposit, plus additional monies for landlord's failure to provide a working oven and shower, or remove snow and ice from the exterior stairs. The court ruled for tenant and awarded her $1,800. Landlord appealed and won. Tenant didn't testify in small claims court. The court's decision was based on testimony of tenant's friend, who didn't have personal knowledge of the facts. A new trial was needed.

Former tenant sued landlord in small claims court for return of her $1,200 security deposit, plus additional monies for landlord's failure to provide a working oven and shower, or remove snow and ice from the exterior stairs. The court ruled for tenant and awarded her $1,800. Landlord appealed and won. Tenant didn't testify in small claims court. The court's decision was based on testimony of tenant's friend, who didn't have personal knowledge of the facts. A new trial was needed.

Moon v. Khazraie: NYLJ, 3/17/06, p. 27, col. 5 (App. T. 2 Dept.; Rudolph, PJ, Tanenbaum, Lippman, JJ)

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