H.S. REALTY ASSOCIATES, INC., pet-land-res, v. NIMFA ILAGAN, res-ten-app, -and- “JOHN AND/OR JANE DOE,” resund

570891/13. H.S. REALTY ASSOCIATES, INC., pet-land-res, v. NIMFA ILAGAN, res-ten-app, -and- "JOHN AND/OR JANE DOE," resund — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Final judgment (Phyllis K. Saxe, J.), entered February 10, 2014, affirmed, without costs. Appeal from order (David J. Kaplan, J.), dismissed, without costs, as subsumed in the appeal from the final judgment.

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570891/13. H.S. REALTY ASSOCIATES, INC., pet-land-res, v. NIMFA ILAGAN, res-ten-app, -and- “JOHN AND/OR JANE DOE,” resund — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Final judgment (Phyllis K. Saxe, J.), entered February 10, 2014, affirmed, without costs. Appeal from order (David J. Kaplan, J.), dismissed, without costs, as subsumed in the appeal from the final judgment.

Landlord’s written rent demand, which specified the amount of rent arrears allegedly due and the period during which such rent accrued, satisfied the requirements of RPAPL 711(2) and was a sufficient predicate for the maintenance of this nonpayment summary proceeding (see Brusco v. Miller, 167 Misc 2d 54 [1995]). Any substantive dispute over the amount of rent arrears actually owed is a matter inappropriately addressed in the context of tenant’s pretrial dismissal motion, and this, even if as tenant now argues, the motion can be read to challenge the sufficiency of the underlying rent demand (see Seventh Ave. Assoc., LLC v. 501 Seventh Ave. Bake Corp., 7 Misc 3d 137 [A], 2005 NY Slip Op 50799[U] [App Term, 1st Dept 2005]). We note that tenant does not now challenge the propriety of the trial court’s merits determination on the landlord’s underlying rent claim.

H.S. REALTY ASSOCIATES, INC., pet-land-res, v. NIMFA ILAGAN, res-ten-app, -and- “JOHN AND/OR JANE DOE,” resund

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