Case Type

Non-payment

Housing Type

Not Stated

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

LT-311990-22/NY

Petitioner

Audubon TP4 LLC

Respondent

Sonia Clement, Jasmin Blackman, John Doe, Jane Doe

Judge

Blinova, Yekaterina

Decision/Order Date

2026-06-26

Posture

Post-Answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Landlord commenced this nonpayment proceeding in 2022 demanding $58,759 for rent accrued as far back as 2015. The proceeding as to one co-respondent was discontinued by stipulation in March 2023. Tenant moved to amend her answer to add a defective rent demand defense and for summary judgment dismissal. Leave to amend the answer was granted. The court granted summary judgment dismissal, finding the rent demand fatally defective: it stated only a lump sum of $58,759 without specifying monthly amounts owed, and the annexed ledger—opening with a balance forward and containing adjustments from as far back as 2015—was so replete with upward and downward adjustments that the court itself could not decipher what rent obligation tenant had to meet for many months. A proper rent demand under RPAPL §711(2) must clearly state a good faith estimate of the amount due and the period for which it is due. The petition was dismissed without prejudice to landlord's underlying claims for rent arrears.

Keywords

Defective Rent Demand

Download

Takedown Policy

Share

COinS