Landlord Waived Claim for Use and Occupancy at Market Rent

Landlord sued to evict tenant. The court ruled for landlord, who then sought attorney's fees and use and occupancy at a fair market rate. The court denied attorney's fees since landlord didn't prove there was a lease provision authorizing it or any formal admission by tenant. The court also denied use and occupancy at market rent. Landlord appealed and lost. Landlord previously agreed to accept use and occupancy at the rate previously payable as rent without reserving any right to seek an increased amount at the end of the case.

Sixty Second Street II, LLC v. Minuto: NYLJ, 7/30/12, p. 18, col. 1 (App. T. 1 Dept.; Lowe III, PJ, Shulman, Hunter Jr., JJ)