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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=39448 IN A COMMERCIAL non-payment action, petitioner landlord sought $90,000 for additional rent, late fees and interest and additional security deposit. A lease provision defined “additional rent.” Respondent’s principal claimed that, based on an unexecuted lease amendment, he had paid a reduced rental amount from April 2001 through June 2002. He also testified that rent invoices were devoid of any late fees or interest charges. Finding that pursuant to the statute of frauds the lease could not be modified by the unexecuted amendment, the court awarded petitioner $14,877. It found that petitioner had improperly calculated late fees and had not applied interest charges against each month’s balance. Upon recalculation and application of a $31,900 payment by respondent, the court determined that petitioner was owed $377 in late fees and interest. The court also found that under the lease, petitioner was entitled to a $14,500 security deposit.

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