GONZALEZ v. ROTHWEILER


253 A.D.2d 848 (1998)

678 N.Y.S.2d 502

Arturo Gonzalez, Respondent, v. Gigi Rothweiler, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 28, 1998


Ordered that the judgment is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for a recalculation of damages in accordance herewith.

The instant appeal arises out of a conflict between the plaintiff landlord and the defendant tenant over the defendant's nonpayment of rent for a 25-month period. A tenant has an independent obligation to pay rent, which continues as long as the tenant remains...

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