Tenant Wants to Be Restored to Possession

November 1, 1997

LVT Number: 11857

Tenant asked the court to be restored to possession of his apartment, claiming that he was forced out illegally. Landlord didn't appear in court to respond. The court ruled against tenant, and tenant appealed. The appeals court reopened the case. Generally, landlord's absence should have resulted in ruling for tenant. But factual questions were raised by tenant's claim, and a hearing was needed to make a decision on tenant's request.

Tenant asked the court to be restored to possession of his apartment, claiming that he was forced out illegally. Landlord didn't appear in court to respond. The court ruled against tenant, and tenant appealed. The appeals court reopened the case. Generally, landlord's absence should have resulted in ruling for tenant. But factual questions were raised by tenant's claim, and a hearing was needed to make a decision on tenant's request.

Henry v. Colon: NYLJ, p. 27, col. 4 (10/10/97) (App. T. 2 Dept.; Scholnick, JP, Chetta, Patterson, JJ)

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