New Trial on Whether Tenants Lived in Unit

April 1, 2001

LVT Number: 14906

Landlord sued to evict tenants from their unit, claiming that they lived there illegally. The court ruled for landlord, and tenants appealed, claiming that they weren't allowed to present all their proof. The appeals court ruled for tenants and sent the case back. Tenants claimed that prior landlord had persuaded them to relocate from a rent-stabilized apartment upstairs to the unit where tenants were expanding the child care business they ran for people in the building. Tenants claimed that prior landlord knew they were living in the unit and had permitted this use.

Landlord sued to evict tenants from their unit, claiming that they lived there illegally. The court ruled for landlord, and tenants appealed, claiming that they weren't allowed to present all their proof. The appeals court ruled for tenants and sent the case back. Tenants claimed that prior landlord had persuaded them to relocate from a rent-stabilized apartment upstairs to the unit where tenants were expanding the child care business they ran for people in the building. Tenants claimed that prior landlord knew they were living in the unit and had permitted this use.

Benroal Realty Assocs., LP v. Alexander: NYLJ, 3/1/01, p. 21, col. 3 (App. T.2 Dept.; Floyd, PJ, Doyle, Winick, JJ)

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