Three-Day Rent Demand Too Indefinite

July 31, 1996

LVT Number: 10795

In related cases, new landlord sued to evict six tenants for nonpayment of rent. The trial court ruled against landlord and dismissed the petitions. Landlord appealed, and the appeals court again ruled against landlord. Landlord's three-day rent demand notices asked for any and all back rent which may be due for a three- to four-year period going back to June 1989. It was clear that landlord didn't know exactly how much rent each tenant might owe. The court noted that landlord should bring plenary proceedings so that it could conduct more extensive pretrial questioning.

In related cases, new landlord sued to evict six tenants for nonpayment of rent. The trial court ruled against landlord and dismissed the petitions. Landlord appealed, and the appeals court again ruled against landlord. Landlord's three-day rent demand notices asked for any and all back rent which may be due for a three- to four-year period going back to June 1989. It was clear that landlord didn't know exactly how much rent each tenant might owe. The court noted that landlord should bring plenary proceedings so that it could conduct more extensive pretrial questioning.

J.D. Realty Assocs. V. Scoullar: NYLJ, p. 21, col. 1 (7/26/96) (App. T. 1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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