(AD3d Dept., 1997). Since the Petitioner's did not impose any late fees prior to May 23,
2013, this Court shall not permit the Petitioner to impose those fees and find the late fees
and interest sought to be imposed here unenforceable as a matter of fact and law.
This Court seeks to be crystal clear that the late fee provision, standing
alone, is not unconscionable. Although the court reads the late fee provision as
unambiguous and finds that the provision, in and of itself, is not unconscionable, the
imposition of late fees and interest, under these facts, are inherently inequitable.
It is clear to the Court that this family feud was ignited by the Respondent's
exercise of the option in the disputed lease to purchase the adjoining property at 432
Keap Street, Brooklyn, NY, as was his testimony. As demonstrated above, the Parklot
Corp., owned by the three daughters of Fred Brenner, sought to sell the property and
when General Plumbing, operated by Fred Brenner's son, Irwin Brenner, their brother,
tried to purchase the property himself, in accordance with the lease agreement, this
conflict began. Now that the other property is sold, maybe this conflict will end. After all,
Irwin Brenner has the right to purchase 436 Keap Street, Brooklyn, NY as set forth in the
lease agreement if he so desires at probably an even greater sum than 432 Keap Street,
since it contains a commercial business in addition to the real property.
CONCLUSION
For all the reasons set forth above, the Petitioner is entitled to entry of a
judgment for money and for possession in the sum of $249,404.97, the warrant of
eviction shall issue forthwith and the execution stayed five days.
All claims for late fees and interest are denied with prejudice through and
including September 30, 2013.