Oral Promise to Pay Aunt's Rent Unenforceable

March 1, 2006

LVT Number: 18696

Landlord sued deceased tenant's nephew in small claims court for unpaid back rent. The court ruled against landlord. Landlord appealed and lost. Landlord claimed that nephew made an oral promise to pay tenant's rent. But that promise was based on a condition that wasn't met. And the promise wasn't in writing, so it wasn't enforceable.

Landlord sued deceased tenant's nephew in small claims court for unpaid back rent. The court ruled against landlord. Landlord appealed and lost. Landlord claimed that nephew made an oral promise to pay tenant's rent. But that promise was based on a condition that wasn't met. And the promise wasn't in writing, so it wasn't enforceable.

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

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