Legal Opinion

RCPI Landmark v. Chasm Lake Management Services, LLC

Civil Court of the City of New York

Decided May 9, 2011PublishedCited by 2 opinions

1Opinion of the Court

*406OPINION OF THE COURT

Arlene P. Bluth, J.

Petitioner served a rent demand on January 24, 2011 for rent due through January 2011. Respondent did not pay the amount demanded. Petitioner commenced this nonpayment proceeding in February 2011 and added February’s unpaid rent to the amount sought in the petition. Respondent now moves to dismiss, asserting that the petition is fatally defective because petitioner sued for February rent, which was never demanded.* Petitioner opposes the motion but has not cross-moved for any relief.

Including in the petition rent that came due after the demand was made…

2Cases cited5 opinions

  1. Solack Estates, Inc. v. GoodmanAppellate Terms of the Supreme Court of New York · 1979
  2. Zinsser v. HerrmanAppellate Terms of the Supreme Court of New York · 1898
  3. Severin v. RouseCivil Court of the City of New York · 1987
  4. Walsam Fifth Avenue Development Co. v. Lions Gate Capital Corp.Civil Court of the City of New York · 1995
  5. Solow v. WellnerCivil Court of the City of New York · 1989

3Cited by2 opinions

  1. JDM Washington Street, LLC v. 90 Washington Rest. Associates, LLCCivil Court of the City of New York · 2012
  2. Westchester Indus. Complex, LLC. v. Saw Mill Custom Cabinetmakers, Inc.New York Justice Court · 2026

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