A North Bergen man has been fighting his eviction for about a year after his landlords gave “perjurious testimony” that said they had never see him or his two children before, despite them living at the John F. Kennedy Boulevard apartment for roughly five years.
By John Heinis/Hudson County View
Michael Kimm, counsel for tenant Keith Cardinali, wrote in a June 29th application to file an emergent motion that landlord Dr. Juan Alonso filed a complaint one year ago alleging that she had never known or even seen Cardinali and his two children before July 1st, 2022.
He testified the same at trial, and then again at a second trial (they won both), though Kimm asserts that they were able to prove that testimony was false.
“The landlord used perjurious testimony and certifications to effectuate a removal so that [he] could provide the dwelling to her own nephew. The use of the justice system by false testimony should not be condoned, but has been condoned by two separate judges,” the attorney wrote in the emergency motion.
“The first trial was reversed on procedural grounds, due to the first judge’s failure to provide new defense counsel with opportunity to prepare. The second trial was a miscarriage of justice because the landlord’s perjurious testimony was disregarded even though the false facts were the basis of removal of alleged ‘trespassers.’ Reversal is warranted.”
Kimm continued that Cardinali sought the restoration of tenancy from the special civil division of the court the day prior, June 28th, to no avail.
“These cases hold that tenancies are effectively perpetual; eviction of tenants must be sought under 17 grounds under Anti-Eviction Act N.J.S.A. 2A:18-61.3(a). Family members of a lessee/tenant must be treated as tenant or under-tenant and not as trespassers,” he also wrote.
“Special Civil Part wrongly treated Appellants as ‘trespassers’ instead of treating Appellants as ‘tenants.’ Because the Special Civil Part failed to follow the law, legal errors warrant reversal.
Since being evicted, Cardinali told HCV that he is staying at a homeless shelter in New York City, while his children are staying with their mother in Texas.
As of this writing, the appellate division had not responded to the emergent motion, while counsel for Alonso did not return an email seeking comment.