Canceled Check Without Notation Insufficient Proof of Apartment Improvements

Tenant sued landlord for rent overcharge. Landlord claimed that it made individual apartment improvements and was entitled to collect a rent increase equal to 1/40th of the cost. The court ruled for tenant, finding insufficient proof of apartment improvements. Landlord appealed and lost. Landlord had submitted a copy of a canceled check paid to a contractor as proof of the 1/40th improvement. But the check showed no indication that it was issued in connection with tenant's apartment. Landlord didn't submit any invoice from the contractor, and the contractor didn't testify in court.

Lirakis v. 180 Seventh Ave. Assocs., LLC: NYLJ, 3/27/07, p. 29, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Schoenfeld, JJ)