Case Restored to Trial Calendar

August 31, 1999

LVT Number: 13502

Landlord sued to evict tenant for nonpayment of rent. By court agreement, tenant agreed to pay back rent, and landlord agreed to make repairs. Tenant withheld payment, claiming that landlord didn't make the repairs. Landlord asked the court to award it a judgment for the back rent without a trial. The court ruled for landlord. Tenant appealed and won. The court agreement stated that if there was a default, the remedy was to restore the case to the trial calendar. So it was improper for the lower court to simply award landlord a judgment without a trial.

Landlord sued to evict tenant for nonpayment of rent. By court agreement, tenant agreed to pay back rent, and landlord agreed to make repairs. Tenant withheld payment, claiming that landlord didn't make the repairs. Landlord asked the court to award it a judgment for the back rent without a trial. The court ruled for landlord. Tenant appealed and won. The court agreement stated that if there was a default, the remedy was to restore the case to the trial calendar. So it was improper for the lower court to simply award landlord a judgment without a trial.

34-64 Hillside Ave., LLC v. Udoh: NYLJ, p. 22, col. 1 (8/3/99) (App. T.1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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