Rent Demand Signed by Attorney Not Defective

June 30, 1998

LVT Number: 12461

(Decision submitted by Anthony Cornicello of the Manhattan law firm of Fromme Schwartz Newman & Cornicello, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord's three-day rent demand was defective because it was signed by landlord's attorney. Tenant claimed this was a violation of the Fair Debt Collections Practices Act and asked the court to dismiss the landlord's petition. The court ruled against tenant.

(Decision submitted by Anthony Cornicello of the Manhattan law firm of Fromme Schwartz Newman & Cornicello, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord's three-day rent demand was defective because it was signed by landlord's attorney. Tenant claimed this was a violation of the Fair Debt Collections Practices Act and asked the court to dismiss the landlord's petition. The court ruled against tenant. Although tenant may have a claim under the Act in federal court, the law didn't make landlord's rent demand defective or require a dismissal.

Kouletas Real Estate, LLC v. Collado: Index No. 113734/97 (2/10/98) (Civ. Ct. NY; Elsner, J) [1-page document]

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