Case Type

Non-payment

Housing Type

Other

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

LT-319932-24lKl

Petitioner

CONGREGATION LUBAVITCH OF EAST FLATBUSH INC.

Respondent

COLLETTE CAMPBELL PRINCE, "John" "Doe", "Jane" "Doe"

Judge

Vincent, Rachel

Decision/Order Date

2025-06-12

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

A landlord's nonpayment petition was dismissed after the court granted the tenant's motion for summary judgment, finding that the full amount of rent demanded in the petition had been tendered by a third-party charity prior to the hearing. The landlord's refusal to accept the payment, and subsequent failure to cooperate with the reissuance of the charity checks, was deemed unreasonable. The court held that under RPAPL § 731(4), the relevant inquiry is whether the petition amount was tendered, not whether future rent accrued.

Keywords

RPAPL § 731; Tender and Refusal

Download

Takedown Policy

Share

COinS