Trial Required on Unlawful Eviction Claim

May 31, 1999

LVT Number: 13252

Tenant sued landlord, claiming unlawful eviction. Both sides asked the court to decide the case without a trial. The court ruled against landlord and tenant, finding that there were issues of fact that needed to be decided. Both sides appealed. The appeals court also ruled that a trial was required. There were still outstanding issues as to whether tenant's eviction had been lawful.

Tenant sued landlord, claiming unlawful eviction. Both sides asked the court to decide the case without a trial. The court ruled against landlord and tenant, finding that there were issues of fact that needed to be decided. Both sides appealed. The appeals court also ruled that a trial was required. There were still outstanding issues as to whether tenant's eviction had been lawful.

Wolkstein v. Morgenstern: NYLJ, p. 27, col. 2 (5/13/99) (App. Div. 1 Dept.; Rosenberger, JP, Nardelli, Saxe, Friedman, JJ)

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