Tenant Claims Landlord Didn't Accept Prior Rent Offered

August 31, 2002

LVT Number: 16082

(Decision submitted by Jason D. Boroff of the Manhattan law firm of Agins, Siegel & Reiner, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that each time he offered to pay rent, landlord refused to accept it. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant. The court didn't believe tenant's claim. Tenant admitted that there had been prior eviction cases against him by landlord. Tenant also didn't say when he supposedly tried to pay rent and showed no proof to support this claim.

(Decision submitted by Jason D. Boroff of the Manhattan law firm of Agins, Siegel & Reiner, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that each time he offered to pay rent, landlord refused to accept it. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant. The court didn't believe tenant's claim. Tenant admitted that there had been prior eviction cases against him by landlord. Tenant also didn't say when he supposedly tried to pay rent and showed no proof to support this claim. Tenant's claim that landlord didn't accept prior rent offered required a trial to resolve factual questions.

Elsmere Pl. LP v. Scott: L&T Index No. 24644/02 (Civ. Ct. Bronx 7/30/02; Halprin, J) [6-pg. doc.]

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