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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

601 West 160 Realty Corp. v. Henry, 183 Misc. 2d 666 (2000)

Citation
601 West 160 Realty Corp. v. Henry, 183 Misc. 2d 666 (2000)
Parent Document
601 West 160 Realty Corp. v. Henry, 183 Misc. 2d 666 (2000)
Jurisdiction
New York (state)
Effective Date
2000-02-09

Full Text

946 chars
In June 1997 petitioner served a five-day rent demand notice on respondent Henry seeking rent from March 1, 1997 to June 30, 1997, and subsequently served nonpayment petition L&T 079771/97 on July 2, 1997. Respondent’s exhibit L, which is respondent’s canceled rent checks for the months of March through September 1997, was reviewed by Mr. Brown. Respondent’s contention that his rent was timely paid in full for the months sought in the 1997 petition was confirmed as accurate by Mr. Brown’s testimony regarding petitioner’s own rent records for that same time period. Specifically, petitioner’s agent testified that the landlord’s ledger for May 1997 reflects that the rent was timely paid, and that in fact all the months petitioner sued for in the 1997 petition were recorded as timely paid in the landlord’s ledger prior to the commencement of the 1997 nonpayment petition. The 1997 petition was discontinued by petitioner on July 15, 1997.