Case Type
Non-payment
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
307481-24/KI
Petitioner
613 SG LLC
Respondent
Barnes, Isaiah N.; John Doe; Jane Doe
Judge
Donoghue, Elizabeth
Decision/Order Date
2025-04-10
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this non-payment case, the tenant moved to dismiss the proceeding on the basis that the rent demand failed to provide a good-faith estimate of arrears. The tenant argued that the landlord “rent jammed†the arrears into the most recent months without crediting approximately $10,000 in payments shown in the ledger. The landlord contended that standard accounting practices permitted it to apply payments to the oldest arrears first. The court rejected that argument, holding that where payments are not earmarked, courts must evaluate the course of dealing and timing of payments. Because the rent demand omitted substantial payments and mischaracterized the arrears, it was deemed defective and incurable, requiring dismissal. The court emphasized that predicate notices must reflect an accurate accounting. Practitioners should advise tenants to earmark payments and ensure demands fully and fairly reflect all rent received to avoid dismissal based on procedural defects.
Recommended Citation
"613 SG LLC v. Barnes" (2025). All Decisions. 1766.
https://ir.lawnet.fordham.edu/housing_court_all/1766
