The Restaurant Zone LLC v. Islamaj

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE RESTAURANT ZONE LLC, Plaintiff, -against- 23-CV-02595 (AS) SHKELZEN ISLAMAJ, et al., ORDER Defendants. ARUN SUBRAMANIAN, United States District Judge: Defendants’ motion in limine is GRANTED with respect to the 7.5% monthly late fee. Dkt. 65. Itis DENIED WITHOUT PREJUDICE in all other respects. The Court finds that the late fee is “unenforceable as against public policy because it amount[s] to a per annum rate in excess of 25%.” ESRT 501 Seventh Ave., LLC vy. Regine, Ltd., 171 N.Y.S.3d 54, 55 (1 Dep’t 2022). New York courts have…