Tenant Must Pay Back Rent Owed

January 1, 2006

LVT Number: 18577

Landlord sued to evict tenant for nonpayment of rent. The court ruled for tenant and also awarded landlord attorney's fees. Tenant appealed and lost. Tenant's partial payment of back rent wasn't a defense. And tenant claimed a breach of the warranty of habitability for the first time on appeal. The court couldn't consider this claim, since it wasn't raised in tenant's answer or at trial.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for tenant and also awarded landlord attorney's fees. Tenant appealed and lost. Tenant's partial payment of back rent wasn't a defense. And tenant claimed a breach of the warranty of habitability for the first time on appeal. The court couldn't consider this claim, since it wasn't raised in tenant's answer or at trial.

411 W. 45th St. Realty LLC v. Ebisi: NYLJ, 12/14/05, p. 26, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)

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