CLEARWATER REALTY COMPANY v. HERNANDEZ


256 A.D.2d 100 (1998)

681 N.Y.S.2d 270

CLEARWATER REALTY COMPANY, Respondent, v. MIGUEL HERNANDEZ, Doing Business as WINNERS SPORTS, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 10, 1998.


This dispute, which concerns defendant tenant's liability for rent under a 10-year commercial lease, was first litigated in the Civil Court of the City of New York. Plaintiff landlord commenced a non-payment proceeding to recover rent due for the month of October 1989 in the amount of $4,770, together with legal fees, seeking a total of $6,027. In December 1989, the parties entered into a settlement, the sole documentary evidence of which is a one-line statement signed only...

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