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

Mr. Wayne Brown’s testimony concerning respondent’s 1999 payment history and the two instant nonpayment proceedings parallels the 1997 pattern. The arrears sought in both instant petitions are March through August 1999. Mr. Brown confirmed that respondent’s canceled rent checks for February through July 1999 mirrors petitioner’s own rent history records which reflect that rent was timely received and credited for the months sought in the dual petitions. Significantly, the petitioner’s agent testified that the arrears petitioner sued for in the 1999 petitions had been received and credited by the landlord prior to the commencement of the two nonpayment proceedings. Upon a review of petitioner’s records of respondent’s entire rental history from April 1997 to October 1999, Mr. Brown testified that the tenant “pays his rent timely and consistently.”* Petitioner’s agent could not think of a reason to explain the three nonpayment petitions seeking “arrears” for *670months the landlord’s records indicate the rent was timely paid, except to say that someone must have made an “error.” Further, Mr. Brown testified credibly that he has never seen two nonpayment petitions served so close together as the two instant petitions, and again has no explanation to offer except that it was a “human error.” Mr. Brown stated that the landlord never had any situation like Mr. Henry’s. Breach of Warranty of Habitability Counterclaim