In a decision rendered in June 2012 by Civil Court Judge Peter Moulton in JDM Washington St. v. 90 Washington Rest. Associates (JDM),1 the question before the court was whether a landlord may, at trial, amend the petition to recover the rent accruing after service of the predicate rent demand, without having to serve a new rent demand. The court in JDM answered that question in the affirmative. JDM also clarified the rule that a predicate rent demand that does not contain a good faith estimate of the amount due at the time of the demand will be deemed defective, thereby requiring dismissal of the petition, regardless of whether the tenant is prejudiced by the improper demand.
’1587 Broadway’
In the 1979 decision of the Appellate Term, First Department 1587 Broadway Rest. v. Magic Pyramid,2 the court heldin the context of a pretrial motion for leave to amend the petition to include rent that accrued subsequent to service of the rent demandthat the petition could not be so amended in the absence of an additional rent demand seeking such rent. The Appellate Term stated:
The court below did not improperly deny landlord’s application to amend its petition to include a claim for September and October rent, insofar as the record does not establish the requisite demand by the landlord for such additional rent. The landlord is, however, granted leave to renew its motion to so amend the petition at the time of trial, upon a proper showing of demand for the September and October rent.3
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