NEJAT v. AXIOTIS

6370, 100840/09

90 A.D.3d 530 (2011)

934 N.Y.S.2d 303

2011 NY Slip Op 9036

MORRIS NEJAT, Respondent, v. CONSTANTINE A. AXIOTIS, Appellant.

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

Decided December 15, 2011.


Plaintiff sublessor established prima facie his entitlement to damages for the six-month period during which defendant sublessee remained in the subleased premises as a holdover commercial tenant without paying rent. Article 43 of the lease provides that a holdover sublessee is deemed to be a month-to-month sublessee at a monthly rent equal to twice the rent paid by the sublessee in the month preceding the lease termination date (see Real Property Law § 232-c...

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