A landlord moved for leave to reargue a court’s prior decision which had granted a commercial tenant’s motion to dismiss and for sanctions. The court granted the motion for reargument, reaffirmed the dismissal, denied the motion for costs and sanctions pursuant to the 22 NYCRR 130-1.1(c) and awarded the tenant a judgment for attorney fees based on NYC Admin. Code (AC) §22-902, 903.

The landlord had purchased the subject property in October 2018. The prior landlord entered into a lease in 2016, with the subject “Respondent-non-residential small business tenant” (tenant). The term commenced March 1, 2016 and ends Feb. 28, 2021. The lease description of the premises stated “2100 square foot building located within 9 Wythe Ave. a.k.a. 150 Banker Street, Brooklyn, N.Y. 11222 Block #2641 Lot 1.” Elsewhere in the lease, the premises was described as “11 Wythe Ave, Brooklyn, N.Y.” Thus, there was an “internal conflict and inconsistency within the lease as to the leasehold premises.”