Metz v. Duenas

KENNETH L. GARTNER, J. In thirteenth century England, a plaintiff was required to state his case in "a formal statement bristling with sacramental words an omission of which would be fatal." (2 Pollock and Maitland, History of English Law, at 605 [1968].) A chronicler of late-twentieth century New York landlord-tenant law might conclude that little had changed, as courts routinely implemented the maxim that, summary proceedings being creatures of statute, notices and petitions commencing them had to be "strictly construed." In 1984, the Appellate Division, Second Department, in Lanz v Lifrieri (104 AD2d 400, 401), effected what should have been a sea change in this area of jurisprudence when it announced that in order to advance the competing strong public policy favoring resolution of cases on the which such claim is made' (Schwartz v Weiss-Newell, 87 Misc 2d 558, 561). That standard has been satisfied here. The itemization of ancillary charges for attorney's fees and late fees does not represent a demand for `illegal' rent in excess of the stabilized maximum, but permissibly gives notice of landlords' additional claim for contractual damages provided for in the parties' lease (see, MacNish Assocs. v Harris, NYLJ, Oct. 27, 1987, at 15, col 4 [App Term, 2d Dept]). These damages, when requested in the rent demand and/or the petition, are a proper subject of recovery in the summary proceeding, albeit they may only be the source of a money judgment in the case of a regulated tenancy (Silber v Schwartzman, 150 Misc 2d [App Term, 1st Dept])." As we enter the twenty-first century, then, it appears that landlord-tenant jurisprudence has at long last begun to move out of the thirteenth century. There is nothing to prevent consideration of the merits in this garden-variety nonpayment proceeding. The petitioners are awarded $8,199.24 in rent arrears, $1,280.08 in late fees and a legal fee of $655 for a total of $10,134.32, judgment of possession, and warrant of eviction.