RENT NUMBERS USED BY COURT WEREN'T SUPPORTABLE
In a commercial nonpayment of rent case, after the Nassau County District Court awarded a landlord-lessor some $4,839,023.70 – which consisted of $1,745,452 in "past rent," $116,319.49 in additional rent for electrical charges, and $2,961,252.21 in "future rent" -- the tenant-lessee appealed.
And on its review of the case, the Appellate Term, Second Department, felt compelled to substantially modify the determination. Apparently, the lessor introduced a ledger which showed past rent of only $1,215,800.75, which included $116,319.49 in unpaid electrical. Given that the electric was counted twice, and there was no basis in the record for the additional $645,970.74 awarded, the AT2 lowered the “past rent” sum to $1,099,481.26.
And because “accelerated” or “future” rent isn't recoverable in a summary proceeding, the AT2 also deleted that sum from the judgment and thereby reduced the lessor’s total recovery to $1,231,800.75.
The AT2 sure burned through that landlord's cash ….
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DECISION