Tenant Gets New Trial Based on New Evidence

April 1, 2003

LVT Number: 16463

In 2002, landlord sued former tenant for rent. Tenant had broken his lease and moved out in December 1996. Landlord rerented the apartment in March 1997. Tenant claimed that landlord had released tenant from the lease but submitted no proof. Landlord denied there was a release. Landlord and tenant then signed a settlement agreement in court. Tenant later asked the court to vacate the settlement agreement because tenant had found his copy of the written release. The court ruled for tenant and ordered a new trial. The release was evidence that tenant didn't owe landlord rent.

In 2002, landlord sued former tenant for rent. Tenant had broken his lease and moved out in December 1996. Landlord rerented the apartment in March 1997. Tenant claimed that landlord had released tenant from the lease but submitted no proof. Landlord denied there was a release. Landlord and tenant then signed a settlement agreement in court. Tenant later asked the court to vacate the settlement agreement because tenant had found his copy of the written release. The court ruled for tenant and ordered a new trial. The release was evidence that tenant didn't owe landlord rent.

303 E. 83rd LLC v. Horowitz: NYLJ, 3/5/03, p. 22, col. 1 (Civ. Ct. NY; Nadelson, J)

Topics

More like this