Plaintiffs commenced this action seeking to recover damages from defendants for their
alleged default under a written lease agreement, dated May 18, 2015 (the "First Lease"), for
apartment 15Q at 25 Central Park West, New York, New York (the "Subject Apartment"). The
following facts are gleaned from the submissions of the parties.
Plaintiffs are a California Trust and its Trustees (Amended Complaint, NYSCEF Doc. No.
34). The Trustees, husband and wife, own the Subject Apartment (see Deed, NYSCEF Doc. No.
36), and defendants are the tenants (Amended Complaint, supra).
The First Lease, which lists the Trust, rather than the Trustees, as Owner, and defendants, as
Tenant, is for a two-year term, commencing on June 15, 2015 and expiring on June 14, 2017
(First Lease, NYSCEF Doc. No. 41). The monthly rent under the First Lease is $16,500.00 for
the first year and $17,325.00 for the second year (id.).
Frank Agrama and defendants executed the First Lease (id.), which had been
prepared by plaintiffs' real estate broker, Randi Carrey (Dep. Tr., Carrey, NYSCEF Doc. No. 55;
Frank Agrama Affid, NYSCEF Doc. No. 60). Neither Owner nor Tenant was represented by
counsel when the First Lease was executed (see Frank Agrama Affid, supra). Due
to ongoing renovations, the Subject Apartment was not available on the scheduled move-in date
(Dep. Tr., Carolyn O'Mara, NYSCEF Do. No. 54; Frank Agrama Affid., NYSCEF Doc. No.
60).
Defendants entered into a second written lease agreement, dated July 16, 2015 (the "Second
Lease"), for the apartment (Second Lease, NYSCEF Doc. No. 42). The Second Lease, for a
two-year term commencing on July 15, 2015 and expiring on July 15, 2017, also lists the Trust as
Owner and defendants as Tenant (id.). The Second Lease further states that the "monthly