Four Nonpayment Cases in 14 Years Didn’t Prove Chronic Nonpayment

February 18, 2016

LVT Number: #26802

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord claimed that it brought four prior nonpayment proceedings against tenant. Tenant asked the court to dismiss the case for failure to show a breach of a substantial lease obligation. The court ruled for tenant and dismissed the case. Tenant had lived in the apartment for 31 years, and landlord relied on four nonpayment proceedings started over a 14-year period. The first two cases couldn’t be considered since they took place more than six years earlier.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord claimed that it brought four prior nonpayment proceedings against tenant. Tenant asked the court to dismiss the case for failure to show a breach of a substantial lease obligation. The court ruled for tenant and dismissed the case. Tenant had lived in the apartment for 31 years, and landlord relied on four nonpayment proceedings started over a 14-year period. The first two cases couldn’t be considered since they took place more than six years earlier. The third case was settled upon receipt of rent on the first court date. The one remaining nonpayment case wasn’t sufficient to support a claim of chronic and systematic failure by tenant to pay rent in a timely manner.

 

 

 
Maimonides Medical Center v. Quinones: Index No. L&T 83155/2015, NYLJ No. 1202746845461 (Civ. Ct. Kings; 12/29/15; Kuzniewski, J)

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