Tenant Can't Raise New Claims on Appeal

March 1, 1995

LVT Number: 9525

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The trial court ruled on tenant's claims, and tenant appealed. Tenant now claimed that landlord had collected a rent overcharge and that he was entitled to a $650 rent credit under a DHCR order. The appeals court ruled against tenant. Tenant couldn't raise these issues on appeal because he hadn't raised them before the trial court.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The trial court ruled on tenant's claims, and tenant appealed. Tenant now claimed that landlord had collected a rent overcharge and that he was entitled to a $650 rent credit under a DHCR order. The appeals court ruled against tenant. Tenant couldn't raise these issues on appeal because he hadn't raised them before the trial court.

West 143rd Street Realty Corp. v. Ahart: NYLJ, p. 27, col. 3 (2/27/95) (App. T. 1 Dept.; Parness, PJ, McCooe, Glen, JJ)

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