Landlord Didn't Prove Amount of Rent Due

LVT Number: 6636

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, and tenant appealed. The appeals court dismissed landlord's petition. At trial, tenant questioned the amount of monthly rent that landlord claimed was due. Landlord, therefore, was required to submit proof of the amount due. Landlord didn't do so.

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, and tenant appealed. The appeals court dismissed landlord's petition. At trial, tenant questioned the amount of monthly rent that landlord claimed was due. Landlord, therefore, was required to submit proof of the amount due. Landlord didn't do so.

[Esco Associates v. Coriou: NYLJ, p. 32, col. 1 (12/3/92) (App. T.2 Dept.; Kassoff, PJ, Joy, Scholnick, JJ)].