Tenant Gave Up Right to Object to Landlord's Court Papers

December 1, 1999

LVT Number: 13744

Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord. Almost a year later, tenant asked the court to dismiss landlord's case. The trial court and appeals court ruled against tenant. Tenant waived any objection to the sufficiency of landlord's court papers or trial proof concerning tenant's Section 8 program status. Tenant had been represented by an attorney and had agreed in court that landlord's notice was procedurally proper.

Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord. Almost a year later, tenant asked the court to dismiss landlord's case. The trial court and appeals court ruled against tenant. Tenant waived any objection to the sufficiency of landlord's court papers or trial proof concerning tenant's Section 8 program status. Tenant had been represented by an attorney and had agreed in court that landlord's notice was procedurally proper. Also, tenant never directly appealed the court's judgment in landlord's favor and didn't raise the subject of Section 8 until she asked the court to dismiss the case a year later.

433 West Assocs. v. Murdock: 695 NYS2d 253 (1999) (App. T.1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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