W. 54-7, LLC v. Farber

Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered May 9, 2008, which, in an action to recover rent arrears, insofar as appealed from, awarded plaintiff prejudgment interest on the arrears, unanimously reversed, on the law, without costs, and the award of prejudgment interest vacated. The Clerk is directed to enter an amended judgment accordingly.

In April and May 1998, defendants tendered their April and May 1998 rent payments to plaintiff on three occasions. Each time plaintiff rejected these tenders, stating, “[w]e are unable to accept any payment since there is a legal…