Tenant Can't Reopen Nonpayment Case

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, awarding possession and a money judgment for $10,183. Tenant then asked the court to reopen the case based on claimed newly discovered evidence that landlord's rent notice and court papers were never sent to the apartment by certified mail. The court ruled against tenant.

Tenant appealed and lost. There was no merit to tenant's claim at trial of laches since tenant failed to show any unreasonable delay by landlord in starting the nonpayment case. There was also no showing of fraud, misrepresentation, or misconduct by the landlord to warrant reopening the case. And landlord failed to demonstrate that the new evidence he claimed in his post-trial request couldn't have been discovered earlier with due diligence.

S&H Clinton Assoc., LLC v. Cherry: Index In. 2019-1139NC, 2021 NY Slip Op 50709(U)(App. T. 2 Dept.; 7/22/21; Ruderman, PJ, Garguilo, Driscoll, JJ)