Cooper v. Kane

SCHOTT, Judge.

This is an appeal by a tenant from a judgment in favor of plaintiff evicting him from the premises. The only issue is whether the record supports the action of the trial court since plaintiff offered no testimony in support of her rule for possession of the premises.

On February 25, 1985 plaintiff had defendant served with notice to vacate the premises at the expiration of the then current rental month on March 25, 1985. On March 26 she filed a rule for possession of the premises which was scheduled for hearing on April 1. At the beginning of the hearing defendant served…