Tenant Showed Rent Paid

July 31, 1996

LVT Number: 10796

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant showed three canceled checks showing that rent was paid for part of the period in question. Tenant didn't produce these checks at trial because landlord's petition demanded back rent due for a later period than the court ultimately ruled on. A new trial was needed to determine how much rent was really owed.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant showed three canceled checks showing that rent was paid for part of the period in question. Tenant didn't produce these checks at trial because landlord's petition demanded back rent due for a later period than the court ultimately ruled on. A new trial was needed to determine how much rent was really owed.

1438 Third Avenue Assocs. v. Mizrahi: NYLJ, p. 21, col. 2 (7/26/96) (App. T. 1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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