Jonathan Taylor, Plaintiff, v Eli Haddad Corp., Defendant.
Supreme Court, Special Term, New York County,
March 14, 1983
APPEARANCES OF COUNSEL
Richard W. Meirowitz for defendant. Hartman, Ule & Rose for plaintiff.
OPINION OF THE COURT
Stephen G. Crane, J.
Motions No. 193 on the calendar of September 16, 1982, No. 118 on the calendar of October 12,1982, and No. 94 on the calendar of November 8, 1982, are consolidated and decided herein.
Plaintiff and defendant are parties to a lease dated August 10, 1978, for a term to expire on September 30, 1982. The rent for the last two years was $600 monthly. The lease provided that the tenant shall use and occupy the premises, the second floor at 5 West 20th Street, for a photo studio and for no other purpose. Further clauses required the tenant to avoid use or occupancy that would violate the certificate of occupancy; guaranteed the tenant’s quiet enjoyment upon his performing the tenant’s terms and conditions of the lease; provided that no representations except as found in the lease would be binding on the landlord or give any rights to the tenant; stipulated that landlord’s receipt of rent knowing of a breach of any covenant shall not be a waiver of any provision of the lease; and imposed on the tenant the landlord’s attorney’s fees incurred because of any default of the tenant.