Trial Required in Chronic Nonpayment Case

June 30, 1993

LVT Number: 7075

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord asked the court to rule in its favor without a trial. The court refused, and landlord appealed. The appeals court found that there were questions of fact to be answered. It was unclear whether tenant paid his rent late willfully or for the purpose of harassing landlord. The case was sent back for trial.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord asked the court to rule in its favor without a trial. The court refused, and landlord appealed. The appeals court found that there were questions of fact to be answered. It was unclear whether tenant paid his rent late willfully or for the purpose of harassing landlord. The case was sent back for trial.

Classic Properties v. Haight: NYLJ, p. 21, col. 1 (6/15/93) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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