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Mid Island L.P. v. Esquivel

Landlord's Rent Demand Found Insufficient, Unamendable and Required Dismissal

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ORDER

*1 Respondent, Floralba Esquivel, moves this court, by her attorney for an order dismissing the underlying non payment proceeding pursuant to CPLR 3211(a)(1) and (a)(7) alleging a defective rent demand, or in the alternative, grant respondent leave to file an amended answer pursuant to CPLR 3025(b). Petitioner opposes the motion in its entirety.The underlying proceeding is a non payment wherein petitioner alleges rent due through October 2017 totaling $1,312.44 which represents a balance due for September 2017 of $356.54 and rent due for October 2017 of $945.90. The alleged monthly rent for the premises is $945.90. The attached rent demand alleges rent due totaling $1,256.54 representing a balance due for August 2017 of $310.64 and rent due for September 2017 of $945.90.Respondent argues that the rent demand is defective because it did not fully reflect payments made in July, August, and September 2017 by HRA in the amounts of $900 per month for the months demanded. In support of her contention, respondent attaches HRA printouts (Resp.’s Mot. Exhibit C) which purport to show shelter payments made on respondent’s behalf by HRA for the month of August 2017 in the amounts of $450 each on the 27th of July 2017 (#40112755), the 11th of August 2017 (#40235850), and the 26th of August 2017 (#40358454), all with a status of “3″ which represents the checks were negotiated. The first two of these checks appear to be designated for August rent through August 28th, 2017, while the third check is designated to cover August 29th, 2017 through September 13, 2017. These three checks are also reflected in petitioner’s attached breakdown (Pet.’s Opps. Ex. A) and are credited to respondent’s account on July 31, 2018, August 1, 2017 and August 30, 2017, respectively.

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