Ezeoke v Udom

Holding The Appellate Term reversed the lower court’s dismissal of the complaint, finding that the plaintiff established a prima facie case for breach of contract based on the defendant’s admissions of landlord-tenant status and nonpayment. The court remitted the matter for an assessment of damages, rejecting the lower court’s finding that services rendered constituted payment in full.

The court’s words

The Civil Court's determination that plaintiff did not establish his prima facie case is not supported by a fair interpretation of the evidence.

2026 NY Slip Op 51307[U], at the official text

defendant's admissions that plaintiff was her landlord, that he owned the subject premises, and that she did not pay rent for various months

2026 NY Slip Op 51307[U], at the official text

defendant did not testify that any other payments were made or that services, whether cooking or mediating plaintiff's dispute with another tenant, were performed as an alternative payment for rent

2026 NY Slip Op 51307[U], at the official text