No Chronic Nonpayment Found

LVT Number: 9946

Landlord sued to evict tenant for chronic nonpayment of rent. The trial court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. The trial court found that tenant couldn't previously pay the rent because of prior financial problems that were now straightened out. Tenant's not paying the rent was neither willful nor intended to harass landlord. There was no nuisance, as landlord claimed.

Landlord sued to evict tenant for chronic nonpayment of rent. The trial court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. The trial court found that tenant couldn't previously pay the rent because of prior financial problems that were now straightened out. Tenant's not paying the rent was neither willful nor intended to harass landlord. There was no nuisance, as landlord claimed.

Brel Associates I, LP v. Vrotney: NYLJ, p. 21, col. 2 (8/18/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)