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Valley E. Props. v. Child Care Council of Nassau

Landlord's Monetary Award Reduced by Amount Use, Occupancy Tendered by Tenant

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DECISION & ORDER

*1 Appeal from a final judgment of the District Court of Nassau County, First District (Douglas J. Lerose, J.), entered November 12, 2015. The final judgment, after a nonjury trial, awarded landlord possession and the sum of $74,266.46 in a holdover summary proceeding.PER CURIAMORDERED that the final judgment is modified by reducing the amount of the monetary award in favor of landlord to the sum of $11,180.08; as so modified, the final judgment is affirmed, without costs.Landlord commenced this holdover proceeding by petition dated March 5, 2015. Tenant’s long-term lease expired on February 28, 2015, and tenant vacated the premises on March 28, 2015. The petition describes the premises as “Third floor office/space in Suite 310 and Third Floor storage space, Suite 400-entire fourth floor storage space and Basement storage[,]” and alleges that tenant had defaulted and owes “ total rent in arrears as of February 28, 2015″ in the sum of $62,857.49 and use and occupancy for the month of March in the sum of $14,331.30. Attached to the petition is a three-page “spreadsheet,” which lists charges for storage spaces, electric and air conditioning overtime use, tax escalations, and late fees for September 2013 through February 2015, totaling $62,857.49. The “spreadsheet” lists charges in similar categories for March 2015, totaling $3,151.22, and it additionally lists charges, undisputed by tenant, for use and occupancy, nonovertime electrical use, and operating expense surcharge 2003, for an additional sum of $11,180.08. Landlord also requested attorney’s fees. Landlord purchased the subject premises in August 2013, assuming the October 2004 lease between tenant and landlord’s predecessor.Tenant interposed an answer, asserting, as affirmative defenses, that the premises are “inaccurately” described in the petition, particularly the space leased to tenant, and that landlord had waived and is estopped from “asserting the entitlement to charges not previously billed” to

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