Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)

Citation
J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
Parent Document
J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
Jurisdiction
New York (state)
Effective Date
1995-09-12

Full Text

674 chars
Assuming arguendo that petitioner has a valid assignment of past due rents which covers the entire 1989-1993 period, and that its assignor was legally capable of assigning any such possible arrears, the circumstances strongly suggest that petitioner purchased a speculative unpursued monetary claim, knowing that it lacked the hard data to evaluate its value. Petitioner should not be permitted to seek a possessory as well as a money judgment based on such a claim. It would be manifestly unfair to permit petitioner to seek six years of rent together with a possessory judgment in this summary proceeding in a way that could unfairly provoke a forfeiture of the leasehold.