Wellington Fee, LLC v Cotter

[*1] Wellington Fee, LLC v Cotter 2009 NY Slip Op 51353(U) [24 Misc 3d 130(A)] Decided on July 1, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 1, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Heitler, Shulman, JJ
570218/09.

Wellington Fee, LLC, Petitioner-Landlord-Respondent,

against

Bruce Cotter, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Marcia J. Sikowitz, J.), dated November 18, 2008, which, inter alia, granted landlord summary judgment on the holdover petition and dismissed tenant's counterclaim.

Per Curiam.

Order (Marcia J. Sikowitz, J.), dated November 18, 2008, affirmed, with $10 costs.

While an 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]; see also Matter of Pastreich v New York State Div. Of Hous. & Community Renewal, 50 AD3d 384 [2008]), the lease rider here at issue did not provide for a rent concession for the duration of the tenancy. Rather, the clear and unambiguous terms of the rider expressly stated that the rent concession was "temporary in nature and not intended as a preferential rent which continues throughout this tenancy." Thus, landlord properly discontinued the preferential rent and resumed the legal regulated rent (see Cromwell Assoc. v Ortega, 12 Misc 3d 141[A] [2006]). We have considered tenant's remaining arguments and find them to be without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 01, 2009