16 Apt. Assoc., Inc. v Lewis

[*1] 16 Apt. Assoc., Inc. v Lewis 2009 NY Slip Op 51265(U) [24 Misc 3d 127(A)] Decided on June 19, 2009 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 19, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ
2008-287 W C.

16 Apartment Associates, Inc., Respondent,

against

Yvonne Lewis, Appellant.

Appeal from a final judgment of the City Court of White Plains, Westchester County (JoAnn Friia, J.), entered January 16, 2008. The final judgment, after a nonjury trial, awarded landlord possession and the principal sum of $5,617.74 in a nonpayment summary proceeding.

Final judgment reversed with $30 costs and petition dismissed.

Claiming that it was not required to accept third-party checks in payment of the rent, landlord repeatedly rejected tenders of the monthly rent made on behalf of the rent-stabilized tenant by the Westchester County Department of Social Services (DSS) and by Westchester Residential Opportunities (WRO), and then commenced this
nonpayment proceeding. Following a nonjury trial, the City Court agreed with landlord's contention and awarded a final judgment in landlord's favor.

On an appeal in a previous proceeding between the parties (16 Apt. Assoc., Inc. v Lewis, 14 Misc 3d 40 [App Term, 9th & 10th Jud Dists 2006]), this court ruled that landlord was not within its rights in refusing to accept the third-party checks offered on tenant's behalf by DSS and WRO. As there has been no change in circumstances, we find that landlord failed to establish a default in rent, and this nonpayment proceeding could not be maintained (RPAPL 711 [2]; see Ridgefield Apts. Assn. v Krakower, NYLJ, June 13, 1991 [App Term, 9th & 10th Jud Dists]; Janes v Paddell, 74 Misc 409, 416 [App Term 1911]; Aimco Columbus Ave. v Bivou Rest. Corp., 9 Misc 3d 1114[A], 2005 NY Slip Op 51544[U] [2005]; Matter of Albany v White, 46 [*2]Misc 2d 915 [1965]). Accordingly, the final judgment is reversed and the petition dismissed.

Rudolph, P.J., and Tanenbaum, J., concur.

Scheinkman, J., taking no part.
Decision Date: June 19, 2009