Tenant Allowed to Appeal as a Poor Person

April 1, 1995

LVT Number: 9583

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and tenant appealed. Tenant asked for permission to appeal as a poor person. The court agreed to this request. Tenant had moved into the apartment with his parents in 1945 when he was 8 years old. He had always lived there. He contracted polio as a child and continued to suffer from the disease. Tenant was on welfare for a period after losing a job. He had since converted a welfare work program placement into a permanent job as a mail clerk. He earned about $1,100 per month.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and tenant appealed. Tenant asked for permission to appeal as a poor person. The court agreed to this request. Tenant had moved into the apartment with his parents in 1945 when he was 8 years old. He had always lived there. He contracted polio as a child and continued to suffer from the disease. Tenant was on welfare for a period after losing a job. He had since converted a welfare work program placement into a permanent job as a mail clerk. He earned about $1,100 per month. Tenant had no assets of any value. Tenant was entitled to proceed as a poor person because he didn't have sufficient funds to maintain the court action. He wasn't disqualified from doing so because he earned wages.

Village Management v. Grant: NYLJ, p. 28, col. 3 (3/16/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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