Rent Demand Didn't State Correct Amount of Rent Due

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the rent demand and petition were defective because they didn't correctly state the amount of rent due. The papers didn't give tenant credit for payments made for the months stated. Tenant had received ''Jiggetts'' payments for $700 per month from January 2001 onward. The petition also included a demand for later charges that weren't identified as such. Landlord also sought rent in an amount greater than the amount stated in tenant's lease. Tenant asked the court to dismiss the case and award sanctions against landlord for frivolous litigation. Court: Tenant wins in part. Landlord didn't make a good-faith effort to list the sums actually due, and the amounts listed were misleading. Without a proper rent breakdown, tenant couldn't meaningfully respond and defend himself in the nonpayment case. The court dismissed the case. However, no sanctions were imposed, since there was a bona fide nonpayment dispute, and landlord didn't bring the case to harass tenant.

Prime Residential Brooklyn II, LLC v. Chrispin: NYLJ, 5/28/03, p. 21, col. 3 (Civ. Ct. Kings; Sikowitz, J)