Tenant Claimed that Rent Was Paid

June 30, 2002

LVT Number: 15970

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord without a trial and ruled that tenant owed over $1,150 in back rent, as well as attorney's fees. Tenant appealed. She had claimed before the lower court that she had paid the rent. The appeals court ruled for tenant and reopened the case. The court should have held a trial in light of tenant's claim. It was also improper to award attorney's fees because there was no proof of a lease permitting that.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord without a trial and ruled that tenant owed over $1,150 in back rent, as well as attorney's fees. Tenant appealed. She had claimed before the lower court that she had paid the rent. The appeals court ruled for tenant and reopened the case. The court should have held a trial in light of tenant's claim. It was also improper to award attorney's fees because there was no proof of a lease permitting that.

Kensico Assocs. LLC v. Bennett: NYLJ, 6/14/02, p. 23, col. 6 (App. T.2 Dept.; Floyd, PJ, Doyle, Colabella, JJ)

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