alternatively, declaring the amount of rent contained in Irwin Brenner's calculation from
August 2007 until December 2013 the correct amount due and owing so that these
amounts can be paid to Petitioner-landlord.
In its trial memorandum of law, the Petitioners claim entitlement to the entry
of a judgment of possession against Respondent General Plumbing Corporation in the
amount of $286,511.08 representing all rent, additional rent, late fees and interest due
through and including September 30, 2013. The Petitioners claim that the Respondent
does not contest the Petitioner's prima facie case except for the Petitioner's
calculation of fixed rent and the collectability of late fees and interest.
The Petitioners also claim that the Respondent has agreed that General owes
$139,441.44 according to the Respondent's own version of the rent calculation. The
Petitioners assert that the Respondent has in its case-in-chief asserted arguments
sounding in equity: the equitable defenses of laches, waiver and estoppel. The Petitioners
remind this Court and the Respondent that the Respondent withdrew the eleventh
affirmative defense with prejudice which alleged the aforementioned defenses. The
Petitioners argue that the Respondent has one affirmative defense, the seventh
affirmative defense, which provides that "the non-payment petition fails to state a cause
of action for rent and additional rent demanded because it is based on an improper and
unclear rental amount." (Respondent's answer at page 5).
The Petitioners assert that there was no testimony in the record to support the
claim by the Respondent that the rental agreement was drafted by the Petitioners. There
was no evidence that either party negotiated the lease or that it was not negotiated by and