Landlord Sued Former Tenant for Back Rent and Damages in Improper Format
LVT Number: #33412
Landlord apartment owner sued former tenant for back rent owed under lease that tenant broke by vacating early. Tenant's lease term ran from Oct. 1, 2022, through Dec. 31, 2023, but tenant moved out on Jan. 31, 2023, and stopped paying rent. The monthly rent was $5,200. Landlord claimed that total rent due was $57,200 and that tenant owed another $38,000 for repair costs incurred because tenant turned off the heat in the unit causing water pipes to burst.
The court dismissed the case for procedural reasons. Landlord filed a motion for summary judgment in lieu of complaint under CPLR Section 3213. But this remedy is available only when an action is based on "an instrument for the payment of money only or upon any judgment." Here, landlord sought damages for the claimed heat turn-off. This required a showing of negligence and therefore didn't qualify as a lawsuit based on an instrument for payment. And, since landlord's motion was never properly served on the former tenant, the court could either deny the motion or give tenant more time to respond. Tenant had in fact filed a notice of appearance on the motion return date and asked for dismissal or more time to answer. The court dismissed and denied landlord's motion for summary judgment but stated that landlord could commence a new, proper action.
764 Metropolitan 1B LLC v. Robinson: Index No. 652238/2023, 2024 NY Slip Op 33379(U)(Sup. Ct. NY; 9/24/24; Moyne, J)