Case Sent Back to Trial Court for More Explanatory Decision

LVT Number: #26643

Landlord sued to evict tenant for breaching her lease and creating a nuisance. The court ruled against landlord after a trial and dismissed the case. Landlord appealed. The appeals court sent the case back for issuance of a more detailed decision before proceeding with the appeal. The trial court’s decision didn’t address or resolve the nuisance claim. And the trial court’s statement that tenant’s conduct was “curable” didn’t explain how that decision was reached.

 

 

 

129th Street Cluster Associates v. Levy: 49 Misc.3d 136(A), 2015 NY Slip Op 51509(U) (App. T. 1 Dept.; 10/16/15; Shulman, JP, Hunter Jr., Ling-Cohan, JJ)