Tenant's Request for Sanctions Denied

Landlord sued to evict tenant for nonpayment of rent. The rent demand sought payment of $4,975, including $2,995 owed under a settlement agreement in a prior nonpayment proceeding. But, as landlord and its attorney admitted, the prior agreement also gave tenant until June 30, 2008, to pay the $2,995, so the rent demand for that portion of rent owed was therefore premature. Tenant asked the court to sanction landlord, claiming that landlord's conduct was frivolous. The court ruled against tenant. Inclusion of this sum in the rent demand was an error by landlord's attorney. It wasn't an intentional or malicious act. Tenant was in no way confused by the rent demand, and in fact paid the amount sought before bringing the error to landlord's attention. Preparation and service of the rent demand wasn't completely without merit, and landlord's action wasn't taken to delay or prolong litigation or harass tenant. The conduct of landlord and its attorney didn't warrant any sanctions.

1557 Realty Corp. LLC v. Reiff: NYLJ, 12/19/08, p. 28, col. 3 (Civ. Ct. NY; Kraus, J)