Birchwood Ass'n v. Stern

In this action for rent and expenses of rerenting an apartment, the defendant. (tenant) moves for summary judgment dismissing the complaint. The plaintiff has requested that summary judgment be awarded it, pursuant to CPLR 3212 (subd [b]).

The defendant was a tenant in plaintiffs apartment house complex under a lease dated April 4, 1968 and thereafter extended, pursuant to agreement dated July 10, 1975, for a period July 1, 1975 to June 30, 1977. The monthly rental was $494.41, plus garage rental of $21.22 per month. On September 8, 1975 she notified the landlord that she would "move * * *…