Acceptance of Rent Claimed in Nonpayment Petition Required Dismissal of Case

Landlord sued to evict tenant in November 2022 for nonpayment of rent. Landlord obtained a default judgment of possession and eviction warrant against tenant after she failed to appear in court. On Dec. 14, 2022, when the request for a default judgment was filed with the court's Warrant Department, landlord had accepted payments that satisfied the amount claimed in the rent demand. Tenant later filed an Order to Show Cause, claiming that she'd been unaware of the court case. Since the rent arrears demanded in the petition had been fully paid and landlord hadn't filed a motion to amend the petition for any additional arrears, the court was required under RPAPL Section 731(4) to dismiss the case. The acceptance of rent by landlord prior to the hearing on the petition rendered the case moot. The default judgment and eviction warrant were vacated as a matter of law.

Ming Yuan Li v. Salas: Index No. LT 317209-22, 2024 NY Slip Op 50910(U), 83 Misc.3d 1243(A)(Civ. Ct. Queens; 7/16/24; Sanchez, J)