$440.44 and the MCR of $800.74, that is, $360.30, at the same that Petitioner is receiving
NYCHA's Section 8 share, covering more than the entire MCR? If so, Petitioner bears
responsibility for the consequences of such double-dipping. See 48 W. 138th Ltd. Pshp. v.
Stupp, [*3]270 AD2d 132, 133 (1st Dept. 2000). To be clear,
the record does not show whether Petitioner is collecting tenders of rent that would reduce the
outstanding balance or whether Petitioner is collecting a tax abatement pursuant to a SCRIE at
the same time that Petitioner is collecting NYCHA's Section 8 — or both, or neither.
A cause of action for nonpayment of rent sounds in contract. Solow v. Wellner, 86
NY2d 582, 589-90 (1995), Rutland Rd. Assoc., L.P. v. Grier, 2017 NY Misc. LEXIS
1025 (App. Term 2nd, 11th, and 13th Dists. 2017), Underhill Ave. Realty, LLC v. Ramos, 49 Misc 3d 155(A)(App.
Term 2nd Dept. 2015), Fasal v. La
Villa, 2 Misc 3d 137(A)(App. Term 1st Dept. 2004), Fucile v. LCR Dev., Ltd.,
2011 NY Slip Op. 32256(U)(Dist. Ct. Nassau Co.). A party seeking relief on a contract bears the
burden of proving at trial the specific facts entitling it to relief, Azoulay v. Cassin, 128
AD2d 660, 661 (2nd Dept. 1987), Roshodesh v. Plotch, 35 Misc 3d 1241(A)(S. Ct. Queens Co. 2012),
1045 Anderson Ave. HDFC v.
Mack, 3 Misc 3d 1109(A)(Civ. Ct. Bronx Co. 2004), including, naturally, facts
supporting a monetary award, J. R. Loftus, Inc. v. White, 85 NY2d 874, 877 (1995), Crippen v. Adamao, 165 AD3d
1227, 1229 (2nd Dept. 2018), to a degree of "reasonable certainty." City of NY v. State, 27 AD3d
1, 4 (1st Dept. 2005). The preponderance of the evidence does not support an award of a
judgment based upon an amount of arrears certain. Petitioner has therefore failed to meet its