Ross Realty v. V & A Iron Fabricators, Inc.

OPINION OF THE COURT

Memorandum.

Final judgment unanimously affirmed without costs.

*73In this commercial nonpayment proceeding seeking to recover, inter alia, June 2003 rent, landlord moved, at the commencement of the trial, to amend its petition to include not only June 2003 rent of $6,578.91 but also accelerated rent of $420,820, allegedly due under the lease at landlord’s option, upon a default in rent. The District Court awarded landlord the June 2003 rent plus costs but declined to award landlord the accelerated rent, finding that there had been a surrender and acceptance or a surrender by…