Trial Required for Nonpayment Proceeding

May 31, 1994

LVT Number: 8836

Landlord sued to evict tenant for nonpayment of rent. The court ruled for tenant without a trial and dismissed the case. Landlord appealed. The appeals court reopened the case and sent it back for trial. There were several factual issues, including whether the claimed violations of the existing certificate of occupancy adversely affected or made unlawful tenant's residential use of the combined apartments he rented.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for tenant without a trial and dismissed the case. Landlord appealed. The appeals court reopened the case and sent it back for trial. There were several factual issues, including whether the claimed violations of the existing certificate of occupancy adversely affected or made unlawful tenant's residential use of the combined apartments he rented.

Guida Corp. v. Black: NYLJ, p. 29, col. 1 (5/4/94) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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