Commercial Landlord-Tenant—Landlord Permitted To Terminate Lease Pursuant to a Demolition Clause One Day After It Acquired the Building—A Rent Notice Must Set Forth an Approximate Good Faith Amount of Rent Owed, It Need Not Be "Without Controversy On Every Entry"—Commercial Tenant Harassment—Triable Issues of Fact—Laches Defense Dismissed—Exercise of a Contractual Right Cannot Constitute a Breach of the Implied Covenant of Good Faith and Fair Dealing—Constructive Eviction Claim Dismissed

A landlord had commenced an action seeking a judgment of possession, issuance of a warrant to evict and to collect $188,529.20 in overdue rent, plus fees, interest, costs, and disbursements. The subject premises consisted of a "partial portion of the basement…of the subject building."

The landlord established a prima facie case by showing that it had the right to terminate the lease pursuant to Paragraph 31(G) of the lease, the "demolition" clause and that the restaurant tenant owed the landlord rent. The landlord had produced its rent ledger, the lease, documentation of ownership of the building and written notice pursuant to RPL 325-E(d) stating that the tenant had failed to pay rent.