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GLAZE TERIYAKI LLC v. MacARTHUR PROPS. I LLC

Index No. 653883/13, Appeal Nos. 16164-16165-16165A, Case No. 2021-04233.

206 A.D.3d 513 (2022)

168 N.Y.S.3d 687

2022 NY Slip Op 03988

Glaze Teriyaki LLC, Appellant, v. MacArthur Properties I LLC, Respondent, et al., Intervenor-Defendant.

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

Decided June 21, 2022.

Attorney(s) appearing for the Case

Cole Schotz, P.C., New York ( Bradley P. Pollina of counsel), for appellant.

The Tzanides Law Firm, PLLC, New York ( Kirk P. Tzanides of counsel), for respondent.

Concur—Gische, J.P., Friedman, González, Rodriguez, Pitt, JJ.

The motion court correctly concluded that a default resulting in termination is an "expiration" of the lease for the purpose of awarding holdover rent under article 59B (see W.W.W. Assoc. v Giancontieri, 77 N.Y.2d 157, 162 [1990]). We have previously determined that a holdover rent set at 200% of base rent is enforceable and not a penalty (see Tenber Assoc. v Bloomberg L.P., 51 A.D.3d 573

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