rent for the Apartment is $16,500.00," and does not include an increase for the second year
(id.). The lease, which had also been prepared by plaintiffs' real estate broker (Frank
Agrama Affid, supra), was executed by Frank Agrama and defendants (Second Lease,
supra).
Defendants moved into the Subject Apartment on July 15, 2016, and remained in occupancy
for 13 months (Dep. Tr., Carolyn O'Mara, supra). They vacated the apartment on August
15, 2016, after reportedly accepting Owner's offer of early termination, without penalty, due to
ongoing noise complaints from a neighbor (id.). They paid $16,500.00 for each of the
first 12 months and $17,325.00 for the 13th month (id.). Shortly thereafter, this action
ensued for, among other things, unpaid rent.
In the original Complaint, the Trust sought to recover $34,650.00 in unpaid rent as a result of
defendants' default under the First Lease (the first cause of action); $18,032.00 for expenses
incurred in putting the Subject Apartment in good condition for re-rental, pursuant to Article
17(c)(2) of the First Lease (second cause of action); and legal fees and expenses incurred [*3]as a result of defendants' default under the First Lease, pursuant to
Articles 17(c)(3), 19(A)(5), and 19(A)(7) (third cause of action) (Complaint, NYSCEF Doc. No.
1).
Defendants answered, generally denying the allegations in the Complaint and asserting
numerous affirmative defenses, including that the Trust lacks standing to maintain this action,
and that defendants accepted the early termination offer (Answer, NYSCEF Doc. No. 4).
Defendants also asserted counterclaims for a credit for their security deposit, in the amount of
$16,500.00 (first counterclaim) and legal fees (second counterclaim) (id.).