MATHEW v. RAHMAN

2006-1744 S C.

2008 NY Slip Op 51441 (U)

SAJU MATHEW, Respondent, v. BRIAN RAHMAN AND EILEEN RAHMAN A/K/A EILEEN BURKE, Appellants, and "JOHN DOE #1" THROUGH "JANE DOE # 10," Undertenants.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 7, 2008.


The petition in this nonpayment proceeding alleges that tenants remained in possession of the subject house (which they had sold to landlord) pursuant to an oral rental agreement wherein they promised to pay landlord $3,000 per month rent payable on the 15th of each month. However, in his trial testimony, on appeal, and in a related Supreme Court action, landlord has insisted that the agreement entered into after the closing was that tenants could remain in the house for...

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