Case Type

Non-payment

Housing Type

Other

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

L&T / Index / Case / Docket / Clerk's Number

L&T 323785/24

Slip Opinion Number

2025 NY Slip Op 34091(U)

Petitioner

1064 Cauldwell LLC

Respondent

Angela Ramirez Montero, John Doe, Jane Doe

Judge

Miller, Kisha L.

Decision/Order Date

2025-09-23

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

The landlord commenced a nonpayment summary eviction proceeding. The tenant moved to dismiss, asserting the rent demand was defective for failing to credit earmarked HRA payments. The landlord cross-moved to amend the petition. The court granted the tenant's motion and dismissed the proceeding without prejudice, finding the rent demand defective. The omission of HRA payments, representing 17% of the alleged arrears, was deemed more than a de minimis miscalculation and failed to properly apprise the tenant of the amount due. The court denied the landlord's cross-motion to amend, holding that a defective predicate notice is not amendable.

Keywords

Defective Rent Demand; Miscalculation Representing 17% of Alleged Arrears Not De Minimus; Failure to Include HRA Payments

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