Pecenik v. City of New York

OPINION OF THE COURT

Herbert Kramer, J.

The City of New York moves to dismiss the complaint of a landlord, seeking damages for rent due, for failure to state a cause of action.

This litigation arose after the plaintiff brought a summary proceeding for the eviction of his tenant, a recipient of public assistance. A warrant issued and 72-hour notice had been served when the landlord received a telephone call from a welfare investigator promising to pay future rent in the form of two-party checks if the landlord agreed to stop the eviction proceedings. The welfare investigator further stated that…