Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-314356-25/NY
Petitioner
215-219 E 2nd St Assoc
Respondent
Dennis Kane et al
Judge
Meyers, Adam R.
Decision/Order Date
2026-02-02
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Handwritten Opinion. In this nonpayment proceeding, the court granted the tenant's summary judgment motion, dismissing the petition for failure to state a cause of action under RPAPL § 711(2). The predicate rent demand was found fatally defective as it failed to properly credit ERAP payments according to their earmarking in the approval letter. This deficiency meant the demand did not fairly apprise the tenant of the periods for which rent was allegedly due, resulting in a substantial win for the tenant.
Keywords
Defective Rent Demand; Failure to Credit/Reflect ERAP Payments to the Months for Which They Were Earmarked
Recommended Citation
"215-219 E 2nd St Assoc v. Kane" (2026). All Decisions. 2100.
https://ir.lawnet.fordham.edu/housing_court_all/2100
