Tenant Waived Defense

January 1, 2005

LVT Number: 17849

Landlord sued to evict tenant. The court ruled for landlord. Tenant appealed, claiming that landlord improperly delivered the court papers to him. The appeals court ruled against tenant. Tenant didn't raise this defense when he answered landlord's petition. So he couldn't raise it now on appeal.

Landlord sued to evict tenant. The court ruled for landlord. Tenant appealed, claiming that landlord improperly delivered the court papers to him. The appeals court ruled against tenant. Tenant didn't raise this defense when he answered landlord's petition. So he couldn't raise it now on appeal.

Roc 109-111 1st Ave. LLC v. Fromholz: NYLJ, 12/9/04, p. 31, col. 2 (App. T. 2 Dept.; McCabe, PJ, Rudolph, Angiolillo, JJ)

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