Trial Required

February 1, 1996

LVT Number: 10334

Landlord sued to evict tenant for nonprimary residence. Landlord asked the court to rule on the case without a trial. The trial court refused, and landlord appealed. Landlord claimed that newly discovered evidence proved there were no factual issues requiring a trial. The appeals court ruled against landlord on this issue. There were still credibility issues that required a trial.

Landlord sued to evict tenant for nonprimary residence. Landlord asked the court to rule on the case without a trial. The trial court refused, and landlord appealed. Landlord claimed that newly discovered evidence proved there were no factual issues requiring a trial. The appeals court ruled against landlord on this issue. There were still credibility issues that required a trial.

224 West Realty, Inc. v. Lima: NYLJ, p. 29, col. 3 (1/17/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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