Case Type

Non-payment

Housing Type

Not Stated

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

LT-322714-25/BX

Petitioner

336 Grand Concourse LLC

Respondent

Annabel Perez Miranda, John Doe, Jane Doe

Judge

Garland, Christel F.

Decision/Order Date

2026-06-29

Posture

Post-Answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding, tenant moved to amend her answer and to dismiss the petition on the grounds that the amount demanded had been paid in full. The court granted leave to amend the answer, finding the proposed amendments were neither patently meritless nor prejudicial. The court dismissed the petition, finding that the amount demanded had been paid even accounting for agency payment earmarking rules under RPAPL §731(4), leaving only post-petition arrears outstanding. Landlord's cross-motion to amend the petition to add post-petition arrears was denied as moot, as the proposed amendment sought rent already paid and bore no meaningful relation to the original pleading.

Keywords

Proceeding Dismissed Because Petition Satisfied; Petitioner's Motion To Amend Petition To Account For Post-Petition Arrears Denied; Petition Not Amended Where Petition Already Satisfied

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