After defeating her landlord's holdover proceeding, Shira Kalish was allowed to seek the recovery of her legal fees.
Although the tenant had a copy of a lease, which suggested there was an entitlement to collect fees, the landlord objected to the document's authenticity and admissibility. In response, Kalish argued that because the owner's pleadings referenced the 1943 agreement, that "admission" reinforced the tenant's entitlement to relief. (Alternatively, Kalish asked that her version of the document be deemed an authentic copy of her lease.)
When the Civil Court denied her request, and directed that the parties proceed with a hearing, Kalish appealed.
While the contents of a pleading may be used against a party, the allegations must have been verified by someone with "personal" knowledge of the facts. Here, the Appellate Term, First Department, noted that the representations in dispute had been sworn to by the landlord's attorney--who attested to the accuracy of what had been pled "upon information and belief." (The AT1 also thought the Civil Court was in the best position to decide whether or not the document was authentic and admissible.)
What you know, can kill you.
To view a copy of the Appellate Term's decision, please use this link: Roxborough Apt. Corps. v. Kalish