Rent Demand Not Defective Despite Mistaken Air Conditioner Charge

(Decision submitted by Jason D. Boroff of the Brooklyn law firm of Cohen, Hurkin, Erhrenfeld, Pomerantz & Tenenbaum, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's petition should be dismissed because the rent demand was defective. The court ruled against tenant. Landlord's rent demand broke down the monthly back rent due. The rent demand also included a separate demand for air conditioner charges, which landlord admitted couldn't be collected under tenant's lease and should be deleted. The rent demand clearly separated this charge from other amounts due and represented only 5 percent of the total amount sought. In these circumstances, dismissal of the petition wasn't warranted.

Vandeveer Estates Holding LLC v. Rollins: L&T Index No. 80737/99 (Civ. Ct. Kings 2/18/00; Pinckney, J) [5-pg. doc.]