170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)

Citation: 170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)
Parent Document: 170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-12-11
Original Source: https://www.courtlistener.com/opinion/10292432/170-ny-props-llc-v-edwards/ ↗

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The Rent Deposit
Respondent did not tender the required deposit of the amount due under the petition upon submission of her motion for leave to serve an amended answer raising a defense pursuant to MDL 302-a. By the time the answer was amended and the proceeding was transferred to trial, said deposit had still not been made. In the interests of justice, the court extended respondent's time and required a deposit into respondent's attorney's escrow of the amount claimed in the petition, which had not been amended. It is not disputed that this deposit has now been [*7]effectuated, nor has petitioner challenged the timing of said deposit, the timing for which the court has discretion to extend. (22l E. 78th Tenants Corp. v Cohen, 36 Misc 3d 126[A], 2012 NY Slip Op 51158[U] [App Term, 1st Dept 2012] [conditionally denying landlord's request to strike MDL 302-a defense for so long as tenant complied with the formal rent deposit requirement].)

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