Metz v. Duenas
New York District Court
707 N.Y.S.2d 598, 183 Misc. 751 (2000)
- Written by Rich Walter, JD
Facts
Ana Duenas (defendant) leased an apartment from a landlord who assigned all its rights and obligations under the lease to James Metz (plaintiff). The lease expired, but Duenas remained in the apartment, despite having gone eight months without paying any rent. As required by New York’s landlord-tenant law, Metz sent Duenas a notice to cure, listing everything Duenas needed to pay. When Duenas failed to respond to the notice, Metz petitioned the county district court for Duenas’s summary eviction. Duenas argued that (1) caselaw precedent denied an assignee such as Metz standing to bring summary eviction proceedings, (2) the court lost its jurisdiction over a landlord-tenant matter as soon as the lease expired, and (3) Metz’s notice to cure was fatally flawed by its mischaracterization of a late charge as back rent.
Rule of Law
Issue
Holding and Reasoning (Gartner, J.)
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