Hearing Required on Tenant's Reargument Request

January 1, 1998

LVT Number: 12017

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord and also denied tenant's request to amend its answer to claim a rent overcharge. Tenant later asked permission to reargue its overcharge claim. The court ruled for tenant, and landlord appealed, claiming that tenant's request to reargue wasn't on time. The appeals court ruled for landlord in part. There was some question whether tenant's request for reargument was on time. The case was sent back for a hearing on this issue.

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord and also denied tenant's request to amend its answer to claim a rent overcharge. Tenant later asked permission to reargue its overcharge claim. The court ruled for tenant, and landlord appealed, claiming that tenant's request to reargue wasn't on time. The appeals court ruled for landlord in part. There was some question whether tenant's request for reargument was on time. The case was sent back for a hearing on this issue.

Roger Williams Assoc., LLC v. Korsak: NYLJ, p. 21, col. 1 (12/17/97) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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