Opinion
No. 570032/12.
2012-07-26
326 EAST 35TH ST. LLC, Petitioner–Landlord–Appellant, v. MISSION ASSOCIATES, LTD. d/b/a Pine Tree Lounge, Respondent–Tenant–Respondent.
Landlord, as limited by its briefs, appeals from that portion of an order of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), dated June 21, 2010, which granted tenant's preanswer motion to dismiss the petition in a nonpayment summary proceeding, and an order (same court and Judge), dated January 31, 2011, which, upon reargument, adhered to the prior determination.
Present: TORRES, J.P., SCHOENFELD, SHULMAN, JJ.
PER CURIAM.
Order (Manuel J. Mendez, J.), dated January 31, 2011, reversed, with $10 costs, tenant's motion denied and petition reinstated. Appeal from order (Manuel J. Mendez, J.), dated June 21, 2010, dismissed, without costs, as superseded by the appeal from the January 31, 2011 order.
Landlord's written rent demand, which included a summary of the total amount of rent and additional rent allegedly owed by tenant pursuant to the parties' commercial lease agreement, as well as a detailed schedule itemizing on a monthly basis the rental amounts claimed to be due, satisfied the requirements of RPAPL 711(2) and was a sufficient predicate for the maintenance of this nonpayment summary proceeding ( see Brusco v. Miller, 167 Misc.2d 54 [1995] ). “The substantive dispute over the amount of rent arrears and other charges actually owed ... is a matter inappropriately addressed in the context of tenant's dismissal motion targeted to the sufficiency of the underlying rent demand” ( 501 Seventh Ave. Assocs., LLC v. 501 Seventh Ave. Bake Corp., 7 Misc.3d 137[A][App Term, 1st Dept 2005] ).