New York City Housing Authority v. Philmo Garage Corp.

Memorandum The letter sent by the former landlord constituted a modification of the lease, and the rent “ reserved or payable ” under the lease in force at the base date was thus $250 per month (Commercial Rent Law, § 2, subd. [e]; L. 1945, ch. 3, as amd. by L. 1946, ch. 272; Adams v. Riker Operating Co., 270 App. Div. 755; see Auswin Realty Corp. v. Kirschbaum, 270 App. Div. 334, 336; Personal Property Law, § 33). The emergency rent is therefore $250 plus 15%, or $287.50. Except as the Commercial Bent Law affects the situation, the landlord is entitled to the reasonable rental value of the…