proceeding was denied by the Hon. Carolyn E. Demarest, J.S.C., on August 15,
2013.
The Petitioner's motion to accelerate was granted as per order and the Order to Show
Cause by Respondent was withdrawn, and the parties agreed that the undersigned would
proceed with a trial on the merits. Additionally, the Respondent was directed to provide
its calculations of the fixed rent, late fees and interest on or before August 6, 2013 by
email. The case was adjourned for trial to September 25, 2013.
On September 25, 2013, this case was referred to the undersigned for trial. The
parties admitted the following documents into evidence on consent and without
reservation except as stated below:
Petitioner's Exhibit "1"—a certified copy of a deed of ownership dated
February 6, 1984 from the Walben Company to Fred Brenner for the property known as
436 Keap Street, Brooklyn, New York;
Petitioner's Exhibit "2"—a certified copy of a deed of ownership dated
February 12, 2004 in which Fred Brenner transferred 80% of his rights, title and interest
to Jodi B. Brenner, as trustee of the FB Irrevocable Grantor Trust Agreement dated
January 1, 2004; his reversionary interest constituting 20% of the trust corpus;
Petitioner's Exhibit "3"—a lease agreement dated January 1, 2004 that
commenced on January 1, 2004 between Jodi B. Brenner and Fred Brenner as landlord
and General Plumbing Corporation, as tenant for the premises known as 436 Keap Street,
Brooklyn, New York , the terms of which shall be more fully discussed below;
Petitioner's Exhibit "4"— a certified copy of the Department of Labor
Table 24 entitled "Historical Consumer Price Index for all Urban Consumers (CPI-U):
U.S. city average, all items" - 4 pages numbers 69-72 for a time period from 1913-2013