Case Type
Non-payment
Housing Type
Market Rate
Court
Appellate Division, First Department
County
New York County (Manhattan)
Slip Opinion Number
2025 NYSlipOp 06783
Petitioner
Aryeh Realty Corp.
Respondent
18 E. 69th St Tenant, LLC, Also Known as 18 East 69th Street Tenant, LLC, et al.
Judge
Tingling, Aija, J.
Decision/Order Date
2025-12-04
Posture
Other
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
In this commercial nonpayment proceeding, the court affirmed the lower court's finding that the landlord and tenant orally modified their lease to reduce the monthly rent, with performance confirming the modification. Consequently, the landlord was not entitled to attorneys' fees as it did not prevail on this central issue. However, the court remanded the case to the Civil Court for a recalculation of the judgment amount to determine the extent to which an admitted breach by the tenant affects monies owed to the landlord.
Keywords
Oral Modification to Commercial Lease Upheld; Attorneys’ Fees; Prevailing Party
Recommended Citation
"Matter of Aryeh Realty Corp. v. 18 E. 69th St Tenant, LLC" (2025). All Decisions. 2134.
https://ir.lawnet.fordham.edu/housing_court_all/2134
