Judge Marcia J. Sikowitz

 

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Landlord sought nearly $33,000 in rent in this nonpayment proceeding. Fulton moved for dismissal arguing a failure to state a cause of action as the rent demand was defective as it sought nearly $33,000 lump sum in rent from Dec. 1, 2010, without specifying when arrears began to accrue or how they were calculated. She provided a stipulation from a prior proceeding in which landlord waived nearly $11,000 due through Nov. 2014, but the waived arrears were included in the subject predicate notice and petition, thus sought arrears not owed by tenant. Fulton sought partial summary judgment on a laches defense claiming she met the required elements to prove same. Landlord argued the rent demand contained a good faith approximation of the arrears due, but admitted the nearly $11,000 accrued before Nov. 2014 was waived in the prior proceeding, and inadvertently included in the subject predicate notice, alleging there was no prejudice. The court disagreed stating the predicate notice sought arrears resolved in a prior litigation, but landlord offered no explanation for seeking arrears accrued before 2014. It ruled the predicate notice failed to contain a clear, unambiguous, good faith approximation of rent arrears owed rendering the notice defective. As such, dismissal was required.

Judge Marcia J. Sikowitz

 

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Landlord sought nearly $33,000 in rent in this nonpayment proceeding. Fulton moved for dismissal arguing a failure to state a cause of action as the rent demand was defective as it sought nearly $33,000 lump sum in rent from Dec. 1, 2010, without specifying when arrears began to accrue or how they were calculated. She provided a stipulation from a prior proceeding in which landlord waived nearly $11,000 due through Nov. 2014, but the waived arrears were included in the subject predicate notice and petition, thus sought arrears not owed by tenant. Fulton sought partial summary judgment on a laches defense claiming she met the required elements to prove same. Landlord argued the rent demand contained a good faith approximation of the arrears due, but admitted the nearly $11,000 accrued before Nov. 2014 was waived in the prior proceeding, and inadvertently included in the subject predicate notice, alleging there was no prejudice. The court disagreed stating the predicate notice sought arrears resolved in a prior litigation, but landlord offered no explanation for seeking arrears accrued before 2014. It ruled the predicate notice failed to contain a clear, unambiguous, good faith approximation of rent arrears owed rendering the notice defective. As such, dismissal was required.