Trial Needed to Determine How Much Back Rent Guarantor Owed

January 28, 2019

LVT Number: #29881

Landlord sued tenant's guarantor for payment of $19,258 in back rent owed by former tenant who was evicted for nonpayment. Landlord asked the court to rule in its favor without a trial. The guarantor claimed that there were inconsistencies in landlord's ledger, including failure to credit tenant's security deposit against the claimed arrears. The court denied summary judgment, ruling that a trial was needed to determine the facts, given landlord's admitted accounting inconsistencies. 

Landlord sued tenant's guarantor for payment of $19,258 in back rent owed by former tenant who was evicted for nonpayment. Landlord asked the court to rule in its favor without a trial. The guarantor claimed that there were inconsistencies in landlord's ledger, including failure to credit tenant's security deposit against the claimed arrears. The court denied summary judgment, ruling that a trial was needed to determine the facts, given landlord's admitted accounting inconsistencies. 

511 E. 80th St. LLC v. Segal: Index No. 160589/2017, NYLJ No. 1545463820 (Sup. Ct. NY; 11/30/18; Cohen, J)

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