Jury records solve landlord-tenant dispute.Jury records are a valuable tool for proving, or disproving, the primary residence claimed by a tenant. So suggests Feldman vs. Flettrich, a non-primary residence action with important implications for landlord-tenant conflicts. Flettrich, the tenant, claimed a rent-controlled New York City New York City: see New York, city. New York City City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S. apartment as his primary residence, a statues that accordingly entitled him to below-market rent. Feldman, the landlord-petitioner, argued that Flettrich maintained a primary residence outside New York City and, as such, was ineligible in·el·i·gi·ble adj. 1. Disqualified by law, rule, or provision: ineligible to run for office; ineligible for health benefits. 2. for rent control. The real estate litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. firm of Rosenberg & Estis, representing Feldman, demonstrated that Feldman was correct. "It came to our attention that the tenant had at no time served on a jury," explained Timmie Erin Elsner, an attorney for Rosenberg & Estis. To verify this suspicion, based on testimony from several witnesses, Elsner sought to obtain juror juror n. any person who actually serves on a jury. Lists of potential jurors are chosen from various sources such as registered voters, automobile registration or telephone directories. record for the tenant. Questionnaires regarding juror qualifications are, however, considered confidential documents -- except under Judiciary Law 509, which allows disclosure to the County Jury Board or "as permitted by the Appellate Division In several jurisdictions, the Appellate Division is the name of a court, or division of a court, that hears appeals from lower courts.
Elsner, following this lead on behalf of Feldman, thus initiated a motion to the Appellate Division to release the pertinent juror records. He cited the applicable law and explained the need in this instance for the relevant jury records. The motion was granted. A computer printout (PRINTer OUTput) Same as hard copy. from the Country Jury Board indicated that Flettrich had won exemption from jury duty in New York City on grounds that his primary residence was outside the city. "Persons contemplating making such a motion for release of jury records should note that these records could easily be utilized by a respondent to help prove primary residence," Elsner concluded. "This is important to both prosecution and defense of a non-primary residence proceeding. |
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