Tenant Didn't Prove Payment of Rent Arrears

LVT Number: #24642

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, entered a judgment, and issued an eviction warrant. Tenant later asked the court to delay execution on the warrant. The court ruled against tenant. Tenant claimed that he met with landlord and tendered $6,300 in cash. He said landlord promised to give him a receipt. Landlord claimed that when he met tenant, tenant offered only $4,000, which landlord refused because it wasn't the full amount of the judgment. Tenant appealed and lost. The lower court didn't believe tenant.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, entered a judgment, and issued an eviction warrant. Tenant later asked the court to delay execution on the warrant. The court ruled against tenant. Tenant claimed that he met with landlord and tendered $6,300 in cash. He said landlord promised to give him a receipt. Landlord claimed that when he met tenant, tenant offered only $4,000, which landlord refused because it wasn't the full amount of the judgment. Tenant appealed and lost. The lower court didn't believe tenant. That decision fairly interpreted the evidence before the court and shouldn't be disturbed.

134-38 Maple Avenue Realty Corp. v. Hart: 38 Misc.3d 140(A), 2013 NY Slip Op 50205(U) (App. T. 2 Dept.; 2/11/13; Pesce, PJ, Rios, Solomon, JJ)