RP Wimbledon Owner, LLC v. Chisholm, 2025 NY Slip Op 25071 (2025)

Citation: RP Wimbledon Owner, LLC v. Chisholm, 2025 NY Slip Op 25071 (2025)
Parent Document: RP Wimbledon Owner, LLC v. Chisholm, 2025 NY Slip Op 25071 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-03-21
Original Source: https://www.courtlistener.com/opinion/10363714/rp-wimbledon-owner-llc-v-chisholm/ ↗

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In this case, the Petition fails to comply with the requirements of § 741[4], because the plain statement of a lump sum of arrears failed to provide the Respondent with the information necessary to identify and interpose potential defenses. Did these arrears accrue before the Notice of Non-Renewal was served, or after? Do they represent payments tendered but not deposited? Checks that were lost or stolen? Did the shortfall result from payments having been applied toward other fees? Without a basic articulation of the specific payments that were missed or the periods of time in which the arrears accrued, a tenant is prejudiced in their ability to resolve the underlying dispute or craft a legal defense. While a petition—unlike a prerequisite notice (see Chinatown Apartments, Inc. v Chu Cho Lam, 51 NY2d 786, 788 [1980])—is potentially amendable absent prejudice, here the Petitioner has not moved for this relief.

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