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Singapore Leasing v. Outler

Rent Demand Defective, Unamendable; Court Dismisses Landlord's Nonpayment Proceeding

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Recitation, as required by CPLR section 2219(a), of the papers considered in the review of this motion seeking dismissal of the petition:Papers NumberedNotice of motion, affidavit and exhibits annexed           1Affirmation in Opposition 2Affirmation in Reply           3DECISION/ORDER AFTER ARGUMENT

*1  Petitioner commenced this summary nonpayment proceeding in August 2017 seeking $4,576.17 in rent for respondent’s tenancy at 98-17 Horace Harding Parkway, Apt. 8H, Lefrak City, NY 11368 (the “subject premises”). Respondent appeared by counsel and filed the instant motion seeking: 1) to dismiss the proceeding pursuant to New York Property Actions and Proceedings Law (“RPAPL”) §711(2); and 2) leave to file a proposed Amended Answer pursuant to PCLR §3025(b). Petitioner’s rent demand seeks, in part, rent in the amount of $924.33 for the month of June 2017. Respondent argues that this was not an approximate good faith sum given that respondent had a zero balance through March 2017 pursuant to a prior case (See Exhibit B to Respondent’s Motion) and paid the rent for April, May and June 2017. Petitioner states that the $924.33 represents: 1) a retroactive rent increase of $101.70 per month for the period from

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