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210 WEST 29TH STREET CORP. v. CHOHAN

13 A.D.3d 613 (2004)

786 N.Y.S.2d 322

210 WEST 29TH STREET CORP., Respondent, v. MOHAMMAD JUNAID CHOHAN, Appellant.

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

December 27, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

Having correctly determined that a claim for accelerated rent is not cognizable in the absence of an acceleration clause (see Beaumont Offset Corp. v Zito, 256 A.D.2d 372 [1998]), the Supreme Court properly granted the plaintiff landlord leave to amend his complaint to assert a claim for accrued rent and leave to renew his motion for summary judgment...

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