Nonpayment Cases: Petition May Be Amended To Include Post-Petition Rent
In their Landlord-Tenant law column, Warren A. Estis and Michael E. Feinstein write: 187th St. Bronx LLC v. Hizan Deli clarified that in a summary nonpayment proceeding, it is proper for the court, absent a showing of prejudice or surprise, to permit the landlord to amend the petition to include the unpaid rent which accrued subsequent to the filing of the petition, without having to serve a new rent demand. Given that the purpose of summary proceedings is to expeditiously resolve landlord-tenant disputes, this is a logical and appropriate result.
June 05, 2018 at 02:30 PM
1 minute read
See Dendy v. McAlpine
The Question
576 E. 187th St. Bronx LLC v. Hizan Deli Grocery Corp. Hizan Hizan
'Hizan'
Hizan 1587 Broadway Rest. Corp. v. Magic Pyramid 1587 Broadway CF Monroe v. Nemeth GSL Enterprises v. Newlinger Nemeth GSL Enterprises
there is no reason to treat a motion to amend the pleadings to include all rent due through the date of the trial any differently than any other motion to amend the pleadings. Absent prejudice or surprise the motion should be liberally granted.
Solow v. Wellner
Conclusion
Hizan Warren A. Estis is a founding member at Rosenberg & Estis. Michael E. Feinstein is a member at the firm.
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