Tenant Claims Landlord Didn't Credit Rent Payment

July 31, 1997

LVT Number: 11674

Landlord sued to evict tenant for nonpayment of rent for April, May, and June 1996. Tenant claimed landlord didn't properly credit the rent payments. The court ruled for landlord since tenant didn't prove that the rent payments were made. Tenant appealed. The appeals court questioned landlord's claim that a June 13 rent payment was applied to March rent due when landlord's June 3 petition didn't claim March rent was due. But the court dismissed tenant's appeal because tenant and landlord had already settled the case by tenant's payment of all back rent.

Landlord sued to evict tenant for nonpayment of rent for April, May, and June 1996. Tenant claimed landlord didn't properly credit the rent payments. The court ruled for landlord since tenant didn't prove that the rent payments were made. Tenant appealed. The appeals court questioned landlord's claim that a June 13 rent payment was applied to March rent due when landlord's June 3 petition didn't claim March rent was due. But the court dismissed tenant's appeal because tenant and landlord had already settled the case by tenant's payment of all back rent.

Stark v. Cashwell: NYLJ, p. 32, col. 4 (7/10/97) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)

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