Tenant Gets Chance to Establish Claim

January 1, 1994

LVT Number: 8486

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The trial court ruled for landlord. Tenant asked the court to vacate its decision, claiming that he hadn't been given a chance to prove his claim. The court refused, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant had asked for an adjournment to get an attorney. The trial court went ahead and entered judgment without making landlord prove its case and without allowing tenant to establish his warranty of habitability defense.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The trial court ruled for landlord. Tenant asked the court to vacate its decision, claiming that he hadn't been given a chance to prove his claim. The court refused, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant had asked for an adjournment to get an attorney. The trial court went ahead and entered judgment without making landlord prove its case and without allowing tenant to establish his warranty of habitability defense.

Kanti-Savita Realty Corp. v. Parish: NYLJ, p. 25, col. 1 (12/7/93) (App. T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

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