Tenant Claims Repairs Not Made

May 31, 1997

LVT Number: 11495

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court-ordered stipulation by which tenant agreed to pay back rent and landlord agreed to make repairs. Tenant later asked the court to vacate the eviction warrant because landlord hadn't made repairs. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant submitted a sworn statement and HPD inspection reports which raised substantial questions concerning landlord's compliance with the repair provisions of the stipulation.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court-ordered stipulation by which tenant agreed to pay back rent and landlord agreed to make repairs. Tenant later asked the court to vacate the eviction warrant because landlord hadn't made repairs. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant submitted a sworn statement and HPD inspection reports which raised substantial questions concerning landlord's compliance with the repair provisions of the stipulation. A hearing was needed to determine the facts.

2474 Grand Ave. Corp. v. Wheeler: NYLJ, p. 25, col. 1 (5/16/97) (App. T. 1 Dept.; Ostrau, PJ, Freedman, Davis, JJ)

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