Tenant Claims Rent Demand Didn't State Correct Amount of Rent Owed

(Decision submitted by Joel Mitofsky of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's three-day notice demanded an incorrect amount of rent owed. Tenant asked the court to dismiss the case. The court ruled against tenant. Landlord's petition stated that, after years of court cases and DHCR proceedings with tenant, landlord made its rent demand in this case based on a monthly breakdown of what it believed was owed. Landlord stated that its demand was made in the good faith belief that the amount claimed was correct. There were questions of fact as to whether landlord made a good faith demand. A trial was needed to decide the issue.

295 Central Park West, Inc. v. Kleiner: L&T Index No. 75462/96 (7/25/96) (Civ. Ct. NY; Kornreich, J) [2-page document]