Judge Sabrina Kraus
Landlord Windermere Owners commenced a summary non-payment action against rent stabilized tenant of record Mullu based on allegations Mullu failed to pay rent that was past due. Windemere asserted an oral demand for rent was made and the petition sought arrears. A prior summary holdover proceeding against the previous tenant of record was discontinued by stipulation, yet Windemere started a second holdover action against the same parties for the same cause of action by that time. Mullu moved for summary judgment claiming to have tendered rent to petitioner since November 2008, which Windemere accepted. Mullu sought summary judgment based on the uncontested claim that rent sued for was offered, but refused. The Appellate Term in Janes v. Paddell held that where a tenant continuously offered to pay rent, which landlord refused to accept, it could not maintain summary proceedings to recover possession for non-payment of rent. The court stated based on the history of the rejected payments, and the uncontested facts the rent sought was timely tendered, but refused, it found Windemere forfeited its right to maintain this non-payment proceeding, granting Mullu summary judgment dismissal.
