Tenant Raised Defective Rent Demand Claim Too Late

March 1, 1999

LVT Number: 13056

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant filed a notice of appeal but never actually completed the filing of the appeal. More than a year after the court's decision, tenant asked the court to reconsider. Tenant now claimed that landlord's three-day rent demand was defective. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. Tenant never properly appealed the court's original decision.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant filed a notice of appeal but never actually completed the filing of the appeal. More than a year after the court's decision, tenant asked the court to reconsider. Tenant now claimed that landlord's three-day rent demand was defective. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. Tenant never properly appealed the court's original decision. And tenant can't raise the claim of a defective rent demand for the first time more than a year after the court ruled on the case.

Junko, LLC v. Antunes: NYLJ, p. 26, col. 1 (2/9/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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