Summary
In American Savings Loan Assoc. v Twin Eagles Bruce, Inc., 208 AD2d 446, 617 NYS2d 717 (1st Dept 1994), the court simply stated that defendant's "conclusory denial was not accompanied by further probative facts that would require a traverse hearing".
Summary of this case from 650 Fifth Ave. Co. v. Travers Jewelers Corp.Opinion
October 20, 1994
Appeal from the Supreme Court, New York County (Alfred Toker, J.).
The IAS Court properly rejected, without a hearing, defendant's contention that he was not served with notice to vacate. His conclusory denial was not accompanied by "further probative facts" that would require a traverse hearing (Public Adm'r of County of N.Y. v. Markowitz, 163 A.D.2d 100, 101; cf., Matter of St. Christopher-Ottilie [Devon M.], 169 A.D.2d 690). The defendant's tender of rent checks, which plaintiff lender's counsel retained for some time without negotiating them does not create a tenancy absent indicia that equitable estoppel is justified (see, Doubledown Realty Corp. v. Gibbs, 122 Misc.2d 32, 34-35, affd sub nom. Doubledown Realty Corp. v. Harris, 128 Misc.2d 403). The fact that defendant asserts his status as a tenant while being, at the same time, a principal of the landlord and a guarantor of the mortgage, clearly militates against the intervention of equity here. We have considered the defendant's remaining arguments and find them to be without merit.
Concur — Carro, J.P., Wallach, Kupferman, Ross and Williams, JJ.