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
Original Source: https://www.courtlistener.com/opinion/9469043/712-realty-llc-v-poliard/ ↗

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This proceeding was commenced in December of 2018, after December rent was charged to tenant's account and a payment of $1,388.76 was credited. The petition was based upon arrears of $2,834.01, representing two months' rent and additional arrears of $56.49. (The petition also alleged that tenant owed $250 in legal fees.) It is undisputed that tenant obtained a one-shot deal for that amount, and a rent ledger in the court file shows that $2,834.01 was paid to landlord on tenant's behalf in January of 2019. That check covered the arrears, but no payment was made for January rent. Monthly payments of $1,388.76 were made in February and March, leaving tenant one month behind when the petition was amended at trial to include March 2019 rent, thereby justifying the Civil Court's finding that tenant was in arrears in her rent payments by the sum of $1,388.76.

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