Case Type
Non-payment
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-309872-23/KI
Petitioner
Sea Park East LP
Respondent
Geraldine Beltran
Judge
Grant, Sulay K.
Decision/Order Date
2024-01-12
Posture
Post-answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this non-payment case, the landlord sought to amend the petition while the tenant raised a cross-motion to dismiss the proceeding, citing payment in satisfaction of the arrears. The court analyzed the application of rent payments when not earmarked and found that absent an agreement to the contrary, payments should be applied to the oldest outstanding amount due to avoid unjust results. Relying on precedent, the court concluded that the tenant had satisfied the petition based on the ledger provided by the landlord. Consequently, the court dismissed the case without prejudice to any post-petition arrears. Key legal points include the presumption that payments should be credited against the oldest items due and the necessity to avoid unjust outcomes in applying rent payments.
Recommended Citation
"Sea Park East LP v. Beltran" (2024). All Decisions. 1369.
https://ir.lawnet.fordham.edu/housing_court_all/1369
