In Friedman v. Eisner , landlords David and Rachel Friedman sued Ben Eisner based on his failure to pay seven months' rent.
While the parties' lease cited a monthly rate of $1,200, David testified he had negotiated the sum of $1,240 with Eisner's brother. And although court papers reflected that he was suing for $1,250 per month, David insisted that latter sum was a typographical error. (Interestingly, Eisner claimed he wasn't a party to any agreement reached with his brother and, inexplicably, his brother wasn't called to testify at trial.)
Despite all those inconsistencies, the Kings County Civil Court awarded the Friedmans seven months' rent at the rate of $1,240 per month.
On appeal, the Appellate Term, Second Department, modified the outcome. While it agreed the Friedmans had sufficiently established that seven months' rent was due, and the typographical error was "de minimis," the Friedmans were unable to prove the existence of an agreement which bound the tenant to a higher rate. As a result, the amount owed for the period was reduced to $1,200 per month (less $400 for conditions which justified a rent reduction).
Oh, brothers!
To download a copy of the Appellate Term's decision, please use this link: Friedman v. Eisner