| Abart Holdings LLC v Hall |
| 2004 NY Slip Op 50823(U) |
| Decided on July 14, 2004 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Landlord appeals from an order and final judgment of the Civil Court, New York County, entered January 23, 2003 after trial (Michele D. Schreiber, J.) dismissing the petition in a nonpayment summary proceeding.
PER CURIAM:
Order and final judgment entered January 23, 2003 (Michelle D. Schreiber, J.) affirmed, with $25 costs.
The trial record supports Civil Court's finding that even assuming an oral demand for the rent was made, its content — as testified to by landlord's principal — was too indefinite to serve as the jurisdictional predicate for a nonpayment proceeding (see RPAPL § 711[2]; Rasch's Landlord and Tenant, 4th ed., § 32:13, § 32:16).
There was no abuse of discretion is relegating landlord to a plenary action for alleged pre-1998 rent arrears, particularly given landlord's inaction over a four year period following discontinuance of the prior nonpayment proceeding and its collection of rent for subsequent periods (see City of New York v Betancourt, 79 Misc 2d 907).
This constitutes the decision and order of the court.