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NEW WHITEHALL APARTMENTS LLC., pet-land-res, v. S.A.V. ASSOCIATES INC., res-tent-app

17-201. NEW WHITEHALL APARTMENTS LLC., pet-land-res, v. S.A.V. ASSOCIATES INC., res-tent-app — Final judgment (Carol R. Feinman, J.), entered August 15, 2016, affirmed, with $25 costs.

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17-201. NEW WHITEHALL APARTMENTS LLC., pet-land-res, v. S.A.V. ASSOCIATES INC., res-tent-app — Final judgment (Carol R. Feinman, J.), entered August 15, 2016, affirmed, with $25 costs.

Tenant operates a restaurant at 2637 Broadway in Manhattan. Tenant’s original lease term was from March 1, 2000 through December 31, 2009. A rider to the lease set forth a series of escalating base rents, ranging from $10,000 per month in March 2000 to $16,590.42 per month in 2009. In October 2009, the parties executed a single-page modification agreement specifying that the lease “shall be extended so that the same expires on December 21, 2019.” However, the modification only set forth the amount of monthly rent to be paid for the periods October 1, 2009 to November 30, 2011 ($12,500) and from January 1, 2012 to November 2014 ($15,000). Critically, the modification agreement did not set forth any specific rental rate, nor any methodology for a determination of the rental rate, for the five-year period from December 2014 through November 2019.

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