Goss v. Thornton

Banke, Judge.

This is an appeal from a summary judgment for the landlord in a dispossessory proceeding. The landlord alleged that the tenants were in default of a lease provision requiring them to make certain repairs. This allegation was supported by an affidavit attached to the motion for summary judgment. The tenants filed an answer asserting that the landlord had agreed orally to make the repairs, but submitted no affidavit or other evidence to support this contention prior to issuance of the summary judgment. They did, however, file such affidavits with their notice of appeal. Held:

1.…