Court of Appeals of New York

The Appellate Division properly granted summary judgment to plaintiff in a dispute regarding defendant's obligation to pay rent, where: 1) the pertinent lease obligated defendant to pay the full annual basic rent for calendar year 2007 to plaintiff on January 1, 2007; 2) although defendant terminated the lease a week later, the parties did not agree in the lease to apportion rent post-termination except in specified circumstances not relevant here; and 3) defendant's claim that the parties agreed orally to such apportionment is barred by the lease's "no oral modification" clause.

Appellate Information

• Decided 11/26/2013
• Published 11/26/2013

Judges

• READ

Court

• Court of Appeals of New York

Counsel