Judge Ruben Franco
Tenant in this commercial non-payment action moved for summary judgment arguing the description of the premises contained in landlord’s petition was inadequate. It also alleged landlord’s rent demand failed to set forth a good faith approximation of rent owed. Landlord contended the description—”All rooms apartment in building known as 2952 Third Avenue”— of the premises in the notice of petition and petition was proper. Tenant claimed, and landlord did not refute, it only occupied a certain portion of the building, stating there was another tenant. The court noted the premises was a commercial space, not residential, rendering the word “apartment,” appearing within the description, inaccurate and confusing. It stated the description provided was “so vague regarding the exact location” of tenant’s business, it created the potential the marshal would be confused as to which tenant to evict. Thus, the court concluded the description of the premises contained in the petition, without more, was insufficient to comply with Real Property Actions and Proceedings Law §741(3) requirements. Hence, it granted tenant summary judgment.
