| Cromwell Assoc. v Ortega |
| 2006 NY Slip Op 51387(U) [12 Misc 3d 141(A)] |
| Decided on July 18, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Landlord appeals from an order of the Civil Court, New York County (Joseph E. Capella, J.), dated January 20, 2005, which denied its cross motion for summary judgment and granted tenant's motion for summary judgment dismissing the petition in a summary nonpayment proceeding.
PER CURIAM:
Order (Joseph E. Capella, J.), dated January 20, 2005, reversed, without costs, tenant's motion for summary judgment denied, petition reinstated and landlord's cross motion for summary judgment granted. The Clerk is directed to enter judgment in favor of landlord in the amount of $1,331.88.
While an express agreement between a landlord and tenant that a preferential rent will continue throughout the tenancy is enforceable (see Colonnade Mtg., LLC v Warner, 11 Misc 3d 52 [2006]), the underlying 1997 stipulation between the parties did not provide for a rent concession for the duration of the tenancy. Rather, the explicit terms of the stipulation limited the rent preference to the then current lease term and one additional renewal term. Thereafter, landlord was permitted to discontinue the preferential rent and resume the legal regulated rent.
This constitutes the decision and order of the court.
Decision Date: July 18, 2006