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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

EOM 106-15 217th Corp. v. Severine (2019)

Citation
EOM 106-15 217th Corp. v. Severine (2019)
Parent Document
EOM 106-15 217th Corp. v. Severine (2019)
Jurisdiction
New York (state)
Effective Date
2019-01-11

Full Text

1,288 chars
<p>In this nonpayment proceeding, the petition alleges that the tenant of record, Woodly Severine, owed monthly rent of $1,248 for the months of August and October 2016, a June 2016 balance of $8 and a May 2016 balance of $1,238. Annexed to the petition was a copy of a five-day rent notice, dated September 19, 2016 and served on September 30, 2016, which stated that tenant owed $1,248 for September 2016, $1,248 for August 2016, $8 for June 2016 and $1,238 for May 2016. Tenant's wife, Michaelle Severine (occupant), answered (<i>see </i>RPAPL 743 ["any person in possession or claiming possession . . . may answer"]) and moved to dismiss the petition on the ground that the five-day rent notice was defective as a matter of law in that it failed to give a good faith estimate of the arrears owed. In support of her motion, occupant provided evidence that she had made a payment of $1,240 earmarked for May 2016 rent, $1,250 earmarked for June 2016 rent and $1,250 earmarked for September 2016 rent. Landlord's own evidence established that those payments had been credited to tenant's account on June 6, 2016, July 8, 2016 and September 16, 2016, respectively. By order entered March 20, 2017, the Civil Court granted occupant's motion, finding that the rent notice was defective.</p>