Landlord Proves Case Through Tenant's Admissions

LVT Number: #24172

(Decision submitted by Bronx attorney Jeffrey F. Cohen of the Law Offices of Jeffrey F. Cohen, who represented the landlord.)

(Decision submitted by Bronx attorney Jeffrey F. Cohen of the Law Offices of Jeffrey F. Cohen, who represented the landlord.)

Landlord sued to evict rent-stabilized tenant for nonpayment of substantial back rent. The court ruled against landlord after a trial because landlord didn't have leases to prove its case. Landlord appealed and won. In trial testimony, tenant admitted facts and sought attorney's fees based on a provision in his lease with prior landlord. There was sufficient information in tenant's statements to prove the landlord-tenant relationship, the amount of tenant's rent under the lease, the amounts paid, and the balance of back rent owed.

B.N. Realty Associates v. Lichtenstein: NYLJ, 6/11/12, p. 18, col. 2 (App. Div. 1 Dept.; Gonzalez, PJ, Andrias, Saxe, DeGrasse, Roman, JJ)