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Checks cashed before petition verified?

NYC Housing Court Practice/Procedures

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Checks cashed before petition verified?

Postby oshma » Mon Mar 28, 2011 5:29 pm

Hi,

My LL claimed that I didn't pay rent for several months, and broke down the alleged non-payments in a petition. However, I have the cancelled checks that show about a third of this was paid the checks were deposited by the LL before the petition's "verified" date. Does this constitute a frivolous filing?
oshma
 
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Postby TenantNet » Mon Mar 28, 2011 5:36 pm

Not if the other 2/3 wasn't paid.

And don't look at the verified date. Look at the date stamped by the Court Clerk on the Notice of Petition.

But mention in your Answer that some checks were cashed.
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Checks cashed

Postby oshma » Mon Mar 28, 2011 5:52 pm

Thanks--actually, all but one of the checks had cleared before the date the papers were filed. Does that make a difference?
oshma
 
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