Benderson v. Poss

Order and judgment unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action to recover accelerated rents under a clause of a lease of commercial property after defendant failed to make payments of common area charges and taxes as required by the lease agreement. Upon defendant’s default which occurred IVi years into the five-year term, plaintiffs elected to terminate the lease. On plaintiffs’ motion for summary judgment, Special Term found that defendant had defaulted, but determined that plaintiffs forfeited their right to accelerate the rents by terminating the lease.…