Trial Court Denied Landlord's Claim Against Lease Guarantor

November 28, 2016

LVT Number: #27367 58

Landlord sued tenant’s guarantor for payment of over $11,000 in unpaid rent. Landlord asked the court for a ruling without a trial. The court ruled against landlord after a conference, finding there were questions of fact presented by the lease and the tenancy. Landlord appealed and the case was reopened. There was no written opposition to landlord’s request for a summary ruling, and the lower court otherwise didn’t maintain a record of why it ruled as it did. The case was sent back for a new ruling  based on proper documentation or sworn testimony.

Landlord sued tenant’s guarantor for payment of over $11,000 in unpaid rent. Landlord asked the court for a ruling without a trial. The court ruled against landlord after a conference, finding there were questions of fact presented by the lease and the tenancy. Landlord appealed and the case was reopened. There was no written opposition to landlord’s request for a summary ruling, and the lower court otherwise didn’t maintain a record of why it ruled as it did. The case was sent back for a new ruling  based on proper documentation or sworn testimony.

 

 

 
Zafran v. Hertzberg: 53 Misc.3d 145(A), 2016 N.Y. Slip Op. 51578(U) (App. T. 2 Dept.; 11/1/16; Elliot, JP, Pesce, Solomon, JJ)

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