New Trial Required on Rent Owed

February 1, 1995

LVT Number: 9451

Landlord sued to evict tenants for nonpayment of rent. Tenants argued that the petitions asked for a rent amount that was different from the amount in their leases and registration statements. They also claimed a breach of their warranty of habitability. The trial court determined the amount of rent owed, and deducted an amount for the warranty of habitability claim. Landlord appealed, and the appeals court ordered a new trial. The lower court's order didn't include any information showing how it had arrived at the amount of rent owed, or the amount set off for the habitability claim.

Landlord sued to evict tenants for nonpayment of rent. Tenants argued that the petitions asked for a rent amount that was different from the amount in their leases and registration statements. They also claimed a breach of their warranty of habitability. The trial court determined the amount of rent owed, and deducted an amount for the warranty of habitability claim. Landlord appealed, and the appeals court ordered a new trial. The lower court's order didn't include any information showing how it had arrived at the amount of rent owed, or the amount set off for the habitability claim. So the appeals court couldn't review the trial court's decision.

Zafra v. Sawchuk: NYLJ, p. 27, col. 2 (1/9/95) (App. T. 1 Dept.; Ostrau, JP, Miller, McCooe, JJ)

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