Civil Court of the City of New York
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
BX PK PHASE II PRESERVATION
LUTWAK, DIANE E.
Post-answer Motion by Tenant
Motion Granted for Tenant, Case Dismissed/discontinued
Tenant Substantially Won
In this nonpayment case, the tenant moved to dismiss the petition. The court ultimately dismissed the petition considering the evidentiary materials: cancelled checks, petitioner's rent ledger, and Dss/HRA printout. The evidence presented shows that landlord reflected DSS/HRA payments in the rent ledger, but not in the rent demand. Rather, petitioner "appears to have simply taken the amount assertedly due to date and divided it by the monthly rent to arrive at the breakdown in the rent demand." Judge Lutwak concludes that the evidence establishes that "monies received in and for the months listed in the rent demand were not reflected therein such that the petition fails to state a cause of action. While the respondent may owe rent, the rent demand does not inform her of when her alleged arrears arose and fails to 'clearly inform the tenant of the particular period for which a rent payment is allegedly in default and the approximate good faith sum of rent assertedly due for each such period.' " Judge Lutwak dismissed the proceeding without prejudice.
"BX PK PHASE II PRESERVATION v Lawrence" (2018). All Decisions. 828.