Valley Forge Village v. Bromberger

Plaintiff is a mobile home park operator and defendants are month-to-month tenants in the trailer park. The park is situated in the Town of Islip, New York. Plaintiff sues to recover the sum of $10 representing an increase in rent due January 1, 1976, plus a $4 late charge, and interest from January 5, 1976. Defendants have paid the old rent of $130 and hereby contest the increase. The plaintiff has now moved for summary judgment pursuant to CPLR 3212.

Defendants contend that they did not consent to the increase and instead paid the defendant the original rental amount. They argue that consent…