Opinion
No. 570891/13.
03-04-2015
H.S. REALTY ASSOCIATES, INC., Petitioner–Landlord–Respondent, v. Nimfa ILAGAN, Respondent–Tenant–Appellant, and “John and/or Jane Doe,” Respondent–Undertenant.
Opinion
Final judgment (Phyllis K. Saxe, J.), entered February 10, 2014, affirmed, without costs. Appeal from order (David J. Kaplan, J.), dismissed, without costs, as subsumed in the appeal from the final judgment.
Landlord's written rent demand, which specified the amount of rent arrears allegedly due and the period during which such rent accrued, 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] ). Any substantive dispute over the amount of rent arrears actually owed is a matter inappropriately addressed in the context of tenant's pretrial dismissal motion, and this, even if as tenant now argues, the motion can be read to challenge the sufficiency of the underlying rent demand (see Seventh Ave. Assoc., LLC v. 501 Seventh Ave. Bake Corp., 7 Misc.3d 137[A], 2005 N.Y. Slip Op 50799[U] [App Term, 1st Dept 2005] ). We note that tenant does not now challenge the propriety of the trial court's merits determination on the landlord's underlying rent claim.
I concur.