Tenant Can Reopen Case to Submit New Evidence

November 1, 1998

LVT Number: 12745

Landlord sued to evict tenant. The court ruled for landlord after holding a trial. Tenant asked the court to reopen the case based on new proof that she'd obtained showing that landlord's multiple dwelling registration (MDR) statement was invalid. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant and reopened the case. In a summary proceeding, landlord of a multiple dwelling must prove that a current MDR statement is on file for its building.

Landlord sued to evict tenant. The court ruled for landlord after holding a trial. Tenant asked the court to reopen the case based on new proof that she'd obtained showing that landlord's multiple dwelling registration (MDR) statement was invalid. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant and reopened the case. In a summary proceeding, landlord of a multiple dwelling must prove that a current MDR statement is on file for its building. Tenant's offer of new proof raised a factual question and the court should have considered further evidence to resolve the issue.

Little v. Steginsky: NYLJ, p. 28, col. 5 (10/22/98) (App. Div. 1 Dept.; Freedman, JP, Davis, Gonzalez, JJ)

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