Trial Required in Chronic Nonpayment Case

May 31, 1993

LVT Number: 6995

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord without a trial, and tenant appealed. The appeals court sent the case back for a trial. There were factual questions as to whether tenant chronically didn't pay rent to harass landlord or otherwise create a nuisance. A trial was needed to decide these issues.

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord without a trial, and tenant appealed. The appeals court sent the case back for a trial. There were factual questions as to whether tenant chronically didn't pay rent to harass landlord or otherwise create a nuisance. A trial was needed to decide these issues.

Fenwick v. Price: NYLJ, p. 29, col. 1 (5/20/93) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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