Hartwig v. 6465 Realty Co.

Appellant landlord appeals from a determination in the Civil Court of the City of New York wherein plaintiff was awarded summary judgment in the amount of $1,030, that sum representing a month’s rent and security paid pursuant to the lease agreement entered into by the parties.

The litigation arises solely from the landlord’s inability to deliver possession on the date specified in the lease. Section 223-a of the Real Property Law implies a condition to deliver possession on the specified date, absent an express agreement entered into by the parties to the contrary. This lease contains such an…