1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 206 A.D.3d
  5. 206 A.D.3d 513 (2022)
 

GLAZE TERIYAKI LLC v. MacARTHUR PROPS. I LLC

Index No. 653883/13, Appeal Nos. 16164-16165-16165A, Case No. 2021-04233.

206 A.D.3d 513 (2022)

168 N.Y.S.3d 687

2022 NY Slip Op 03988

Glaze Teriyaki LLC, Appellant, v. MacArthur Properties I LLC, Respondent, et al., Intervenor-Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 21, 2022.

Attorney(s) appearing for the Case

Cole Schotz, P.C., New York (Bradley P. Pollina of counsel), for appellant.

The Tzanides Law Firm, PLLC, New York (Kirk P. Tzanides of counsel), for respondent.

Concur—Gische, J.P., Friedman, González, Rodriguez, Pitt, JJ.

The motion court correctly concluded that a default resulting in termination is an "expiration" of the lease for the purpose of awarding holdover rent under article 59B (see W.W.W. Assoc. v Giancontieri, 77 N.Y.2d 157, 162 [1990]). We have previously determined that a holdover rent set at 200% of base rent is enforceable and not a penalty (see Tenber Assoc. v Bloomberg L.P., 51 A.D.3d 573

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases