Landlord Can't Dismiss Nonpayment Case

July 31, 1996

LVT Number: 10786

Landlord sued to evict tenant for nonpayment of rent. Landlord asked the court to dismiss the case. The court ruled for landlord. The appeals court reversed and reopened the case. Tenant made no objection to the form of rent demand served, and the trial court clearly had the authority to proceed with a jury trial.

Landlord sued to evict tenant for nonpayment of rent. Landlord asked the court to dismiss the case. The court ruled for landlord. The appeals court reversed and reopened the case. Tenant made no objection to the form of rent demand served, and the trial court clearly had the authority to proceed with a jury trial.

Brodsky v. Davidsson: NYLJ, p. 21, col. 2 (7/18/96) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

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