Opinion
570578/03.
Decided July 14, 2004.
Landlord appeals from an order and final judgment of the Civil Court, New York County, entered January 23, 2003 after trial (Michele D. Schreiber, J.) dismissing the petition in a nonpayment summary proceeding.
Order and final judgment entered January 23, 2003 (Michelle D. Schreiber, J.) affirmed, with $25 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. PHYLLIS GANGEL-JACOB, Justices.
The trial record supports Civil Court's finding that even assuming an oral demand for the rent was made, its content — as testified to by landlord's principal — was too indefinite to serve as the jurisdictional predicate for a nonpayment proceeding (see RPAPL § 711; Rasch's Landlord and Tenant, 4th ed., § 32:13, § 32:16).
There was no abuse of discretion is relegating landlord to a plenary action for alleged pre-1998 rent arrears, particularly given landlord's inaction over a four year period following discontinuance of the prior nonpayment proceeding and its collection of rent for subsequent periods (see City of New York v. Betancourt, 79 Misc 2d 907).
This constitutes the decision and order of the court.