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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At trial, landlord's managing agent testified that, notwithstanding receipt of a rent payment in the month of March of 2019, tenant still owed $1,388.76. Upon the close of evidence, the trial court determined that landlord had "demonstrated prima facie entitlement to judgment" and awarded landlord possession along with $1,388.76 "as all rent due through March 15, 2019," without specifying which month's rent was due. However, landlord's trial evidence did not establish tenant's oldest outstanding balance or the specific month for which rent remained unpaid. Indeed, a review of the additional rent checks and receipts submitted on appeal, and the rent ledger relied upon by landlord, does not clearly establish a connection between the stated ledger balance of $1,388.76 and the amount claimed as unpaid rent in the petition, as amended on March 15, 2019— the $2,834.01 upon which the petition was initially based, plus $4,166.28 for rent accruing in January, February and March of 2019. Thus, after consideration of the trial record and the proofs contained therein, in my opinion, landlord did not prove there were arrears for a month covered by the petition, as amended, warranting entry of a final judgment of possession for landlord, or a money judgment in the amount of $1,388.76 (see [*3]RPAPL 749 [3]; Rosenzweig v Hanna, 54 Misc 3d 140[A], 2017 NY Slip Op 50161[U], *1 [App Term, 2d Dept, 9th & 10th Jud Dists 2017]; Hegeman Asset v Smith, 5 Misc 3d 8, 13 [App Term, 2d Dept, 2d & 11th Jud Dists 2004]).

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