asserts the same arguments made in summation and at trial, but asserts addition facts for
consideration by the Court.
The Respondent contends that the lease was executed on January 1, 2004
and provided for one-year terms with automatic annual extensions until either the
landlord or the tenant provide written notice to the other seeking to terminate the tenancy
at least ninety days in advance. According to the Respondent, the lease was automatically
renewed annually each year since 2004, except when the Petitioners purportedly canceled
the lease by notice of termination, dated July 1, 2013. The notice provided that the lease
would expire on December 31, 2013 and thus on that day the tenant was required to
surrender and quit the premises.
According to the Respondent, the May 22, 2013 letter was in retaliation for
the Respondent's written notice to the Petitioners of the Respondent's intent to exercise
the option to purchase the adjoining property known as 432 Keap Street, Brooklyn, NY
and the Respondent requested that this Court refer to the deposition transcript between
the parties.
The Respondent asserts that their interpretation of the lease is more
consistent with the lease. The Respondent argues that the annual fixed rent shall be
increased by using the same fixed rent or $225,000.00 as the multiplier of the CPI each
year, then add the increase to the previous year's increased rent as opposed to
compounding the increases by using the previous year's increased rent as the multiplier.
In regards to the issues of late fees and interest, the Respondent states that
Irwin Brenner should not be required to pay any late or interest charges because "he
believed it was unfair for Fred Brenner to collect on unpaid rent he never paid as