Tirse v. Andrews, 128 A.D.3d 1112 (2015)

With regard to the claim for breach of contract, the alleged lease contemplated that plaintiff would pay a security deposit, as well as rent for the first and last month, “prior to taking possession of the [p]remises.” Plaintiff alleged that he paid the security deposit and that an agreement was reached for him “to do payments on the last month[’s] rent,” but said nothing about making payment of the first month’s rent. Defendants accordingly argued that they were not obliged to surrender possession of the premises to plaintiff under the alleged lease, as the proof did not establish that plaintiff had paid the first month’s rent as required.