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Sea Park East LP v. Beltran

Tenant's Rent Payment Applied to Oldest Outstanding Amount Due

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Recitation, as required by CPLR 2219(a), of the papers considered in the review of this motion: Papers Numbered Notice of Motion and Affidavits/Affirmations/Exhibits annexed    NYSCEF Doc, Nos. 7-13 Notice of Cross-Motion and Answering Affidavits/Affirmations/Exhibits annexed     NYSCEF Doc. Nos. 17-21 Affirmation in Opposition to Cross-Motion    NYSCEF Doc. No. 22 Reply Affidavits and Exhibit annexed             NYSCEF Doc. Nos. 24-25 Decision/Order Upon the foregoing cited papers, the Decision/Order on Petitioner’s motion is denied and Respondent’s cross-motion is granted for the following reason(s): Petitioner filed the instant motion seeking to amend the petition to date and amend all papers and pleadings to substitute Sea Park East LLC in place and instead of Sea Park East LP as petitioner in this proceeding. Respondent opposes the amendment of the petition and files a cross-motion to dismiss this proceeding alleging payment in satisfaction of the petition. Respondent seeks the denial of Petitioner’s motion indicating that the proceeding is moot pursuant to RPAPL 731(4) as the petition has been satisfied. Conversely, in its affirmation in support (NYSCEF Doc. No. 8, p. 4, 20), Petitioner notes that: “Upon information and belief and as stated in the attached affidavit of Petitioner’s agent, the Respondent has failed to satisfied [sic] the Petition herein.” Review of the affidavit of Petitioner’s agent (NYSCEF Doc. No. 9, p. 2,

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