Opinion
2014-1436 W C
07-07-2015
Mornaghi, LLC, Respondent, July 7, 2015 v. Dave Britton, Appellant.
PRESENT: :
Appeal from an order of the City Court of New Rochelle, Westchester County (Anthony A. Carbone, J.), entered May 1, 2014. The order denied tenant's motion, in effect, for summary judgment dismissing the petition in a nonpayment summary proceeding.
ORDERED that the order is affirmed, without costs.
After answering in this nonpayment proceeding, tenant pro se moved, in effect, for summary judgment dismissing the petition on the ground that no written or oral demand had been made as required by RPAPL 711 (2). Landlord opposed the motion, asserting, on personal knowledge, that rent had been orally demanded on at least three specified occasions. The City Court denied tenant's motion.
As landlord's opposition papers were sufficient to raise a triable issue of fact as to whether an oral demand had been made in compliance with RPAPL 711 (2), the order is affirmed.
Tolbert, J.P., Marano and Connolly, JJ., concur.
Decision Date: July 07, 2015