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Lumiram Dev. Corp. v. Empire State Crossfit

Landlord Barred by Laches in Attempt to Recover Stale Rent for Water Charges

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Decision and OrderFindings of Fact

*1  Petitioner Lumi Ram Development Corp. (“Lumi Ram”), a debtor-in-possession and landlord of commercial premises known as and located at 615 Fifth Avenue, Larchmont, New York, in the Town of Mamaroneck (the “Premises”), brings this summary proceeding against its tenant, respondent Empire State Crossfit (“Empire”), seeking a warrant of eviction and a judgment of possession and for unpaid rent. The matter came on for trial before this Court on September 25, 2017, at which time petitioner appeared by counsel Andrew Brodnick, Esq., and respondent appeared pro se. It is undisputed that the parties entered into a lease for the Premises on or about June 7, 2012, providing for monthly rent in an amount not relevant to this proceeding. Rider A to the lease obligates Empire to pay for “it’s [sic] proportionate share of water consumption.”1 In addition, although it is not reflected in the lease, the parties entered into a contemporaneous oral agreement that Empire would pay $400 per month for use of a parking lot across the street from the Premises. From the commencement of the lease until January 1, 2017, Empire paid the $400 parking charge, but LumiRam did not bill Empire for water usage.In September 2016, the parties entered into a tripartite agreement among themselves and Safeguard Properties II, LLC (“Safeguard”), which had agreed to buy the Premises. Pursuant to the agreement, entitled “First Amendment to Lease,” if Safeguard consummates its purchase of the Premises, then (a) the expiration date of the lease is extended from August 31, 2017, to December 31, 2017; (b) Empire waives its right to renew the lease beyond that date; and (c) in return, Empire’s rent for the period May 1, 2017, through December 31, 2017, is abated so long as Empire is not in default, and Empire is paid $25,000 as further consideration for its waiver of the right to renew. Empire was, nevertheless, obliged to pay

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