19 July 1998

See related documents: http://jya.com/a6e.htm

JOHN YOUNG 251 WEST 89TH ST APT 6E NEW YORK NY 10024
__________________________________________________________________

By Registered Mail and by fax to 212-593-4426


17 July 1998


Mr. Robert Marceca
251 West 89th St. Units, LLC
c/o Kane Holding Corporation
400 East 54th Street
New York, NY 10021

RE: 251 West 89th Street, Apartment 6E

Dear Mr. Marceca,

Yesterday about 10:50 AM I spoke by telephone with Connie, of Kane Holding and/or RKM Enteprises and/or 251 West 89th St. Units, LLC, at 212-593-3901. to ask if my rent payments mailed on July 10, 1998 were being credited to my account. She said she did not know but would check and call back in 45 minutes. She did not call back.

This morning about 10:50 AM I called Connie again to ask about crediting my rent payments. Connie said that she had not had time to check but that due to the court action by you against me she would not be able to accept rent payment. I told Connie that I had a signed receipt for certified mail for the mailing (copy attached) and that if the payments are not going to be credited to my account then I want to retrieve the payments.

In response to what Connie told me I wish to notify you that I shall immediately cancel the four money orders sent by certified mail on July 10, 1998 as rent payment, in the total amount of $2,220.68.

Twice, now, you have refused to accept payment of my rent: first, refusing to accept my payment of $1,110.34 for June, 1998 (copies attached, the only rent then due) sent by certified mail to you at Heiberger and Associates, your attorney, and now this second time, refusing my repayment of the first and another $1,110.34 for July, 1998 (copies attached, the only rent due) sent by certified mail to you at Kane Holding

Mr. Robert Marceca, July 17, 1998, page 2




Corporation, your managing agent for the apartment (and signed accepted).

Your refusal to accept rent payment is contrary to the terms of my lease, therefore, in accord with the lease I shall place the rent in escrow.

Your attorney's process server, Harvey G. Wint, NYC License No. 0926696, told me in person on July 14, 1998, "they (meaning you and your attorney/agent) are not going to accept certified mail from you, they want you out of the apartment, refusing to accept mail is standard in these cases."

By your refusal to accept my rent payments, you are failing obligations under the lease, an act which adds to your failure to make long-needed and necessary repairs.

I ask again that you meet your lease obligations.


Sincerely,


John Young

Enc

Copy of 2 certified mail receipts for Item No. Z 332 241 933, one for sending on July 10, 1998, and one for signature of receipt on July 14, 1998, 1 p.

Copies of four money orders, Chase Nos. 0733006698, 0733006699, 0733007025, 0733007025.

cc

Kane Holding Corporation, Apt. Managing Agent
Chairman, 251 West 89th Street Condominium, Building Owner
RKM Enterprises, Inc., New York and London, Apt. Owner's Representative
Heiberger & Associates, P.C., Apt. Owner's Attorney
With enclosure above