Legal Opinion

Thornton Burns Owners, Inc. v. Navas

Appellate Terms of the Supreme Court of New York

Decided April 1, 2003Published

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Possessory final judgment unanimously affirmed without costs.

Nonpossessory final judgment unanimously modified by reducing the amount of the award to the sum of $3,050; as so modified, affirmed without costs.

The final judgment awarding landlord possession and arrears based on tenants’ nonpayment of maintenance is affirmed. Contrary to tenants’ contention, their unauthorized deposits into landlord’s bank account did not constitute payment. “ ‘[P]ayment’ connotes tender by the debtor with the intention to satisfy the debt coupled with its acceptance as…

2Cases cited5 opinions

  1. United States v. Isthmian Steamship Co.Supreme Court of the United States · 1959
  2. Stream v. CBK Agronomics, Inc.New York Supreme Court · 1974
  3. Hutchings v. Securities Exchange Corp.Michigan Supreme Court · 1939
  4. Stream v. CBK Agronomics, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
  5. In re the Estate of KellyNew York Surrogate's Court · 1934

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