Tenant Didn't Prove Cash Payments Made to Super

(Decision submitted by Jeffrey M. Goldman of the Yonkers law firm of Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P.C., attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed she made at least four rent payments in cash to the building super and that she should be given credit for these amounts. The court ruled against tenant. Although landlord did fire a building super in 1998 and had given another tenant one month's rent credit after she claimed to have given that super the rent in cash, that super was gone from the building before the time that tenant claimed she paid the super in cash. Other witnesses also testified that no one by the name that tenant claimed was the super's ever worked for or collected rent for the landlord. Tenant at all other times had paid landlord her rent by check. Given all the proof, tenant's claim simply wasn't believable.

997 Kelly Corp. v. Hayden: Index No. 24964/99 (6/22/99) (Civ. Ct. Bronx; Schneider, J) [3-pg. doc.]