2015 NY Slip Op 50089

Citation: 2015 NY Slip Op 50089
Jurisdiction: New York (state)
Source: Official source
Original Source: https://www.nycourts.gov/reporter/3dseries/2015/2015_50089.htm ↗

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creation of the lease agreement and were fully aware of the terms and conditions. The
knowledge of the Respondent, Irwin Brenner, as argued by the Petitioners, is imputed to
him as the President of the corporation and certainly as a family member of this closely
held family business and property. All of the other provisions of the lease were
customary provisions in the typical landlord and tenant lease agreement including, but
not limited to, specified use restrictions, restrictions on assigning the lease and
recordation of the lease, the customary provisions for insurance, the right of subrogation,
default provisions, and the like.

Article 3 entitled "Consideration" contains the provisions for the fixed rent,
additional charge, late charges and accord and satisfaction, and this Court finds that these
provisions of the lease are clear, concise and unambiguous. In fact, the court finds the
entire lease agreement, clear, concise and unambiguous, and based on the above case
law, shall enforce the agreement according to its plain and [*14]ordinary terms and meanings.

The fixed rent provision states that the "tenant agrees to pay to landlord a
fixed rent in accordance with the following for each year of the terms of this lease (such
being hereinafter referred to "fixed rent"), the fixed rent to be paid in monthly
installments, in advance, on the commencement date and thereafter on the first day of
each month during the term of this lease. The annual fixed rent shall initially be
$225,000.00 payable in equal monthly installments of $18,750.00.

"On each anniversary of the commencement date, during the term, the
annual fixed rent shall be increased, which increase shall be equal to the percentage