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The Carlyle LLC v. Quik Park Beekman II LLC

Tenant Fails to Establish Damages Clause Constitutes Unenforceable Penalty

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*1 Tenant Quik Park Beekman II, LLC, as limited by its briefs, appeals from so much of (1) an order of the Civil Court of the City of New York, New York County (David B. Cohen, J.), entered December 30, 2015, after a hearing, and (2) an amended judgment (same court and Judge), entered*2

June 6, 2016, which awarded landlord use and occupancy against it in the principal sum of $1,047,288.56 in a holdover summary proceeding (appeal No 1). Undertenant Quik Park 1633 Garage LLC, as limited by the briefs, appeals from so much of the aforesaid order and from an amended judgment (same court and Judge), entered June 6, 2016, which awarded landlord use and occupancy against it in the principal sum of $333,333.35 (appeal No. 2). Landlord, as limited by its briefs, cross-appeals from so much of the aforesaid order and amended judgments which dismissed its claims against respondents Quick Park Beekman LLC and Beekman Garage LLC, and limited its monetary recovery against appellants (appeal No. 3).Per Curiam.Amended judgment (David B. Cohen, J.), entered June 6, 2016 (appeal Nos. 1 and 3), modified to the extent of vacating the dismissal of the use and occupancy claims against Quick Park Beekman LLC and Beekman Garage LLC, and directing entry of an amended money judgment in favor of landlord and against Quik Park Beekman II, LLC, Quick Park Beekman LLC and Beekman Garage LLC, jointly and severally, in the principal sum of $1,047,288.56; as modified, amended

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