Case Type
Nonpayment
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-327710-25/BX
Slip Opinion Number
Not Stated
Petitioner
Prv Realty Corp.
Respondent
Melissa Boyce
Judge
Christel Fleur Garland, JHC
Decision/Order Date
2026-09-08
Posture
Post-Answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Respondent moved to dismiss this nonpayment proceeding on the ground that the rent demand is a defective predicate. Rather than itemizing the amounts claimed due for each rental period, petitioner demanded a lump-sum total and directed respondent to a ledger to identify what was owed—a method the court finds fails to put respondent on notice of the specific charges claimed and is not a proper function of the court to parse. The defect is compounded by the demand's failure to credit ERAP payments made on respondent's behalf. Under 125 Court Street, LLC v. Sher, 58 Misc 3d 150(A) [App Term, 2d Dept 2018], a rent demand must set forth a good-faith approximation of rent owed per period and cannot be amended; the petition is dismissed without prejudice.
Keywords
Nonpayment; Defective Rent Demand; RPAPL § 711(2); Good-Faith Approximation of Arrears; Earmarked ERAP Payments; Lump Sum Rent Demand; Landlord Must Specify Amounts Owed Per Period; Dismissed Without Prejudice
Recommended Citation
"Prv Realty Corp. v. Boyce" (2026). All Decisions. 2486.
https://ir.lawnet.fordham.edu/housing_court_all/2486
