Landlord's Rent Demand Was Fatally Defective
LVT Number: #29964
Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand didn't provide a good faith estimate of the rent actually owed. The court agreed and dismissed the case. Landlord appealed and lost. The rent demand sought arrears from May 2016 through September 2016. Landlord admitted it had received payments earmarked for May and June 2016 but failed to apply those payments to the periods for which they were intended.
EOM 106-15 217th Corp. v. Severine: 62 Misc.3d 141(A), 2019 NY Slip Op 50068(U) (App. T. 2 Dept.; 1/11/19; Pesce, PJ, Liotta, Elliot, JJ)