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BOULEVARD HOUSING CORP. v. BISK

3980, 570472/07.

80 A.D.3d 430 (2011)

913 N.Y.S.2d 657

BOULEVARD HOUSING CORP., Respondent-Appellant, v. LAUREN BISK, Appellant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 4, 2011.

The Appellate Term erred in directing judgment in favor of the landlord because the Civil Court had directed judgment for the tenant at the close of the landlord's case but before the tenant put forward her affirmative proof. By reversing and directing a verdict for the landlord, the Appellate Term deprived the tenant of an opportunity to put forward any proof (see CPLR 4401; Vera v Knolls Ambulance Serv., 160 A.D.2d 494

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