Trial Required

November 1, 1993

LVT Number: 8290

Landlord sued to evict tenants for nonprimary residence. The court refused to rule for landlord without a trial, and landlord appealed. The appeals court agreed that a trial was needed. Factual questions existed which had to be resolved. One tenant had a serious illness; the other was on family leave from her job. It was unclear whether they'd be able to move back to the apartment.

Landlord sued to evict tenants for nonprimary residence. The court refused to rule for landlord without a trial, and landlord appealed. The appeals court agreed that a trial was needed. Factual questions existed which had to be resolved. One tenant had a serious illness; the other was on family leave from her job. It was unclear whether they'd be able to move back to the apartment.

Wenham Realty Corp. v. Ballif Associates: NYLJ, p. 27, col. 3 (10/28/93) (App. T. 1 Dept.; Miller, JP, McCooe, Glen, JJ)

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