1449 BUSHWICK HOLDINGS LLC v. Williams

In this non-payment proceeding, the court granted the tenant's pre-answer motion to dismiss the petition without prejudice. The landlord's predicate rent demand was deemed defective for failing to provide a good-faith approximation of rent arrears, specifically by not crediting HRA/DSS earmarked payments. The court found that certified copies of the earmarked HRA/DSS checks, submitted with the tenant's motion, were self-authenticating and did not require a foundational witness. The demand's deficiency led to dismissal of the case.