Subtenant Asserted Oral Counterclaim

June 30, 1993

LVT Number: 8005

Tenant sued subtenant in small claims court. Tenant claimed that subtenant didn't return some personal property left by tenant in the apartment while he was subletting. At the trial, subtenant counterclaimed orally that tenant was overcharging him. Tenant had no rent records with him because he didn't expect this to be an issue in the case. The court ruled for subtenant, and tenant appealed. The appeals court sent the case back for a new trial. Tenant didn't get fair notice that the rent overcharge would be an issue in the case.

Tenant sued subtenant in small claims court. Tenant claimed that subtenant didn't return some personal property left by tenant in the apartment while he was subletting. At the trial, subtenant counterclaimed orally that tenant was overcharging him. Tenant had no rent records with him because he didn't expect this to be an issue in the case. The court ruled for subtenant, and tenant appealed. The appeals court sent the case back for a new trial. Tenant didn't get fair notice that the rent overcharge would be an issue in the case.

Ronsen v. Saad: NYLJ, p. 25, col. 5 (6/10/93) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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