Rosen v. Hickson

OPINION OF THE COURT

Benjamin F. Nolan, J.

Landlord brought this nonpayment summary proceeding to recover a rental balance of $633.20 which included $56 in legal fees. Upon tenant’s default, a judgment for possession only was entered and, thereafter, a warrant of eviction issued. Subsequently, on November 13, 1979, tenant and landlord’s *643managing agent entered into an agreement under which tenant paid the managing agent $656.40, a sum of money in excess of the total amount demanded in the petition. The agent wrote out a longhand receipt which stated that the total amount due through November 30,…