Category Archives: Landlord-Tenant

This was originally posted on the SGR Blog.

Was Tenant Liable for Increased Holdover Monthly Rent?

Many commercial leases require a tenant who makes alterations to the premises to restore the space to its pre-alteration condition at the end of the lease term. But what is the consequence where the tenant timely vacates but fails to restore?

605 Fifth Property Owner LLC sought damages from Luxottica Holding Corp. arising out of an alleged breach of a commercial lease. On December 1, 2009, Luxottica’s predecessor, Sunglass Hut Trading, LLC, executed a lease to take possession of a commercial space located at 605 Fifth Avenue, New York, New York. At the time the original lease was signed, the premises consisted of the basement, ground floor, mezzanine, and second floor portions of the building.

This was originally published on the SGR Blog.

Court Adjudicates Legal Sufficiency of Nine Causes of Action

Gotham Real Estate Developers LLC leased the entire second floor of 432 Park Avenue South from 432 Park South Realty Co LLC. The lease commenced July 1, 2015 and expires December 31, 2026.

In or around the spring of 2016, Gotham claimed the premises HVAC stopped working and Park Ave South failed and refused to undertake the necessary repairs or replacements, causing Gotham to replace the unit so as to mitigate its damages and to continue its normal business operations.

This was originally published on the SGR Blog.

enant Awarded Deposit with Interest & Punitive Damages

Arlene Marie Karole commenced a small claims action against 340 West End Ave, LLC seeking $2,655.86 in damages for West End Ave’s failure to return a security deposit for an apartment which Karole had leased. On February 1, 2022, Karole amended her claim to increase the amount of damages to $3,851.89.

The Court conducted a nonjury trial. Karole appeared virtually via Microsoft Teams. West End Ave appeared in person by Steven Kirschner, the president of Kay Equities, the management company of the apartment building.

This was originally posted on the SGR Bloog.

Was Photocopy of Lease Dispositive Evidence of Lost Original?

Many real property disputes arise out of written contracts, such as a lease. The “original” lease is the “best evidence” of the agreement. With the passage of time, the original document often cannot be found. As a recent case illustrates, the Court must then determine if what is propounded as a photocopy is an evidentiary substitute for the original.

Peter and Elizabeth Casanas, husband and wife, sued Carlei Group, LLC, alleging that in 1990, they executed a lease with the owner of the building located at 73 West 82nd Street, in New York County, for apartment 3C/3W, in which they resided. And sought a declaration of their rights as lessees.