Hirsch v. Raymond

This is a summary proceeding for nonpayment of rent. The tenant has deposited the arrears without costs. The landlord now moves for an order directing the clerk to enter a final order and to issue a warrant thereon.

The motion is granted to the extent of directing that the final order be prepared and submitted to the court determining the amount of rent due plus the costs of the proceeding. While the clerk had no right to refuse the arrears, the tender of rent without costs was insufficient. (Cunningham v. Hragyil, 90 N. Y. S. 2d 164; Amazon Management Corp. v. Abokrek, 183 Misc. 204.) The…