New Hearing Required in Nonpayment Case

February 1, 1996

LVT Number: 10336

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. In December 1994 tenant asked the court to vacate the eviction warrant. Tenant had money order receipts, showing rent had been paid through November 1994. The trial court ruled against tenant without a hearing. Tenant appealed. The appeals court ruled that a hearing was required to determine the amount of any back rent still due. The case was sent back for the trial court to reconsider tenant's request.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. In December 1994 tenant asked the court to vacate the eviction warrant. Tenant had money order receipts, showing rent had been paid through November 1994. The trial court ruled against tenant without a hearing. Tenant appealed. The appeals court ruled that a hearing was required to determine the amount of any back rent still due. The case was sent back for the trial court to reconsider tenant's request.

Fresa Realty Corp. v. Anguisaca: NYLJ, p. 25, col. 2 (1/12/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

Topics

More like this