Judge Brenda Spears
Landlord sought rent allegedly due since 2011 in this non-payment action of a single room occupancy cubicle in which artist Paxton resides. Paxton moved for dismissal arguing a defense founded on documentary evidence claiming he entered into a rent waiver agreement with the prior owner, 338 Bowery Property, in which Paxton agreed that 20-25 pieces of his art could remain on various walls of the premises as long as he resided at the premises, and rent would be waived. Petitioner used Paxton’s artwork on websites advertising the premises, including key fobs on room keys, for which Paxton received no proceeds. Paxton claimed he never paid rent, even after the building ownership changed believing rent was waived because of the agreement. The court noted petitioner made no rent demands until the three-day demand was served on Paxton. It also noted the amount sought in the three-day notice was not the amount Paxton should be charged for the room he currently resided in, finding the demand defective, requiring dismissal of the petition. Also, the court noted the parties conducted themselves for several years as if the waiver agreement was still operational, contrary to petitioner’s assertions. Thus, dismissal was granted.
