Harris v Apolant (2004 NY Slip Op 51279(U))
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Harris v Apolant
2004 NY Slip Op 51279(U)
Decided on October 20, 2004
District Court Of Nassau County, Third District
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on October 20, 2004
District Court of Nassau County, Third District
DR. RICHARD HARRIS, Petitioner,
against
STEPHEN APOLANT, Respondent.
SP 90/04
David A. Gross, J.
DECISION AFTER TRIAL
In this non payment proceeding relating to the lease of a residential building, Petitioner seeks judgment in the amount of $9,900.00 in rent for the months of April, May and June, 2004 plus late fees and legal expenses. Respondent, in his verified answer, denied that a demand for rent had been made and asserted counterclaims consisting of a 100% rent abatement based upon the uninhabitable condition of the property, costs of services of "repairs and services" made by the Respondent, moving expenses incurred by the Respondent and return of the security deposit.
Following Petitioner's presentation of his prima facia case, Respondent made a motion to dismiss based upon failure by Petitioner to testify and present evidence of proper demand for rent as required by state law. The court reserved decision on that issue, requested that counsel for both parties provide the court with post-trial briefs on the requirements of proper demand in a non-payment proceeding and then allowed the trial to continue.