Case Type

Holdover-Lease Expiration

Housing Type

Market Rate

Court

Supreme Court of the State of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

11088/2003

Petitioner

23-35 BRIDGE STREET LLC

Respondent

EXCEL AUTOMOTIVE TECH CENTER, INC.

Judge

LEVINE, KATHERINE A.

Decision/Order Date

2023-04-10

Posture

Post-judgment Motion by Landlord

Disposition

Other

Winner

Other

Synopsis

The landlord sought reimbursement for costs, disbursements, attorney's fees, and lost market rents after the lease expired, following a previous declaratory judgment. The tenant cross-moved to vacate the trial decision and sought sanctions. The court awarded the landlord costs and disbursements but denied claims for attorney's fees and lost market rents. The tenant's cross-motion to vacate the decision and for sanctions was denied. Key legal points included interpretation of lease provisions and the enforceability of an option to purchase despite late exercise.

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