Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

712 Realty, LLC v. Poliard, 2024 NY Slip Op 24016 (2024)

Citation
712 Realty, LLC v. Poliard, 2024 NY Slip Op 24016 (2024)
Parent Document
712 Realty, LLC v. Poliard, 2024 NY Slip Op 24016 (2024)
Jurisdiction
New York (state)
Effective Date
2024-01-12

Full Text

2,024 chars
Landlord submitted sufficient evidence to establish that tenant owed one month's rent of $1,388.76 in March of 2019, after the amendment of the petition. While tenant makes a general claim that she made all rent payments, she does not dispute that landlord's records accurately credit her with all the rent payments she had made. Indeed, tenant submitted with her appellate brief a rent ledger from landlord with her handwritten comments on it, which ledger clearly demonstrates that no rent payment was made in November of 2017. At trial, tenant acknowledged that landlord had alleged that no payment was made for November 2017. She then testified that, in September or October of 2017, she gave landlord a bank check for $1,900 and a money order for $843.22 in the same envelope and that these payments were for September and October of 2017. Earlier she had testified that she sometimes paid her rent in advance. The rent ledger she submitted with her brief shows a payment of $1,900 on September 29, 2017 and a payment of $843.22 on October 3, 2017, which two payments tenant circled together and noted "Sep & October—two months rent in one envelop[e]." The ledger shows a balance of $2,834.01 prior to the $1,900 payment, a charge of $1,371.61 for October rent on October 1, 2017, and a balance of $1,462.40 after the $843.22 payment. The ledger shows additional payments of $371.61 and $1,000, both on October 30, 2017, which tenant circled together and wrote "November" and "I paid in advance for November." However, after those payments were credited, the ledger shows a balance of $90.79 and a charge of $1,371.61 on November 1, 2017 for November 2017 rent, leaving a balance of $1,462.40 at the end of November. The ledger further shows that tenant then made monthly rent payments but remained approximately one month behind in her rent until November 2018 when she missed another rent payment, leaving a balance of $2,834.01 at of the end of November 2018. (During this time, monthly rent increased to $1,388.76.)