No Proof of Whether Building Was Multiple Dwelling

April 1, 1998

LVT Number: 12242

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and sent the case back for a new trial. The trial court had asked landlord to prove that the building was registered under the Multiple Dwelling Law. Landlord never provided the proof. Also, tenant had testified that there was a carbon monoxide leak in the building, but the trial court found that he hadn't properly presented his proof. Both of these issues required proper fact-finding by the court.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and sent the case back for a new trial. The trial court had asked landlord to prove that the building was registered under the Multiple Dwelling Law. Landlord never provided the proof. Also, tenant had testified that there was a carbon monoxide leak in the building, but the trial court found that he hadn't properly presented his proof. Both of these issues required proper fact-finding by the court.

Garden Bay Manor Assocs. v. Clanton: NYLJ, p. 27, col. 2 (3/17/98) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Scholnick, JJ)

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