A landlord moved for leave to reargue a court’s prior decision which had granted a commercial tenant’s motion to dismiss and for sanctions. The court granted the motion for reargument, reaffirmed the dismissal, denied the motion for costs and sanctions pursuant to the 22 NYCRR 130-1.1(c) and awarded the tenant a judgment for attorney fees based on NYC Admin. Code (AC) §22-902, 903.
The landlord had purchased the subject property in October 2018. The prior landlord entered into a lease in 2016, with the subject “Respondent-non-residential small business tenant” (tenant). The term commenced March 1, 2016 and ends Feb. 28, 2021. The lease description of the premises stated “2100 square foot building located within 9 Wythe Ave. a.k.a. 150 Banker Street, Brooklyn, N.Y. 11222 Block #2641 Lot 1.” Elsewhere in the lease, the premises was described as “11 Wythe Ave, Brooklyn, N.Y.” Thus, there was an “internal conflict and inconsistency within the lease as to the leasehold premises.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]