Nejat v. Axiotis

Plaintiff sublessor established prima facie his entitlement to damages for the six-month period during which defendant sublessee remained in the subleased premises as a holdover commercial tenant without paying rent. Article 43 of the lease provides that a holdover sublessee is deemed to be a month-to-month sublessee at a monthly rent equal to twice the rent paid by the sublessee in the month preceding the lease termination date (see Real Property Law § 232-c; Teri-Nichols Inst. Food Merchants, LLC v Elk Horn Holding Corp., 64 AD3d 424 [2009], lv dismissed 13 NY3d 904 [2009]; Thirty-Third…