RESNICK SEAPORT, LLC v. XENOPOULOS

Index No. 158182/19. Appeal No. 15161. Case No. 2021-00041.

201 A.D.3d 604 (2022)

157 N.Y.S.3d 729

2022 NY Slip Op 00520

Resnick Seaport, LLC, Appellant, v. Peter Xenopoulos, Respondent.

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

Decided January 27, 2022.


Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale ( Henry Mascia of counsel), for appellant.

Kucker Marino Winiarsky & Bittens, LLP, New York ( Nativ Winiarsky of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Moulton, Scarpulla, Higgitt, JJ.


Plaintiff landlord failed to establish prima facie that it had not agreed to accept a reduced rent from its tenant. It is undisputed that the parties to the lease did not formally execute the amendment to the lease reducing the rent, and that plaintiff, in disseminating drafts of the lease amendment, stated, in boilerplate language, that the draft amendment would not be binding until "fully executed and delivered." Nevertheless, the parties' emails raise an issue of fact...

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