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YIZHENG ZHAO, plf-ap, v. ENGI WASSEF EVANS def-res

4630. YIZHENG ZHAO, plf-ap, v. ENGI WASSEF EVANS def-res — Davidoff Hutcher & Citron LLP, New York (Joshua Krakowsky of counsel), for ap — Woods Lonergan & Read PLLC, New York (Annie E. Causey of counsel), for res — Order, Supreme Court, New York County (Erika M. Edwards, J.), entered June 2, 2017, which denied plaintiff's motion for summary judgment on the breach of contract cause of action, unanimously affirmed, without costs.

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4630. YIZHENG ZHAO, plf-ap, v. ENGI WASSEF EVANS def-res — Davidoff Hutcher & Citron LLP, New York (Joshua Krakowsky of counsel), for ap — Woods Lonergan & Read PLLC, New York (Annie E. Causey of counsel), for res — Order, Supreme Court, New York County (Erika M. Edwards, J.), entered June 2, 2017, which denied plaintiff’s motion for summary judgment on the breach of contract cause of action, unanimously affirmed, without costs.

Plaintiff alleges that on or about August 31, 2014, the parties entered into a two-year lease for Penthouse Apartment B located at 1280 Fifth Avenue and that defendants vacated the unit after residing there for only approximately 13 months, leaving a balance of 11 months’ rent remaining due and owing under the lease. By letter dated December 16, 2015, plaintiff advised defendants that they were in default under the lease for nonpayment of rent as of September 2015, and indicated that the lease ran from September 1, 2014 through August 31, 2016. Defendants contend that the lease term was intended to be one year with the possibility of extending upon mutual assent, and that they tendered rent to plaintiff from September 2014 through September 2015, in addition to paying a deposit of two months’ rent upon entering the premises, so that when they vacated in November 2015 they did not owe plaintiff any additional rent.

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