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303 East 83rd LLC v. Horowitz

Landlord's denial of existence of release without diligent search of its files leads to new trial.

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Judge Nadelson

303 EAST 83rd LLC v. HOROWITZ — This action was instituted by Plaintiff landlord in January, 2002, to recover rents on a leased apartment vacated by Defendants in December, 1996. The apartment was re-let on March 15, 1997. A trial was held on December 10, 2002, during which the Defendants alleged that they had been released from their lease in December, 1996, but had no documentation to that effect. They testified that they had searched all of their records pertaining to their leases with Plaintiff but could not find any written confirmation of the alleged release. They also testified that they had requested Plaintiff to provide them with a copy of said release. Plaintiff denied that any such release existed and stated that it had no such release in its records. Prior to the conclusion of the bench trial the parties reached a stipulation of settlement which was “so ordered” by the judge on the record in open court.

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