Tenant Gets Permanent Rent Concession

(Decision submitted by Susan Baumel-Cornicello, of the Manhattan law firm of Cornicello & Tendler, LLP, attorneys for the tenant.) Landlord sued to evict tenant. Landlord claimed that tenant must pay the legal regulated rent under the terms of a lease rider. Tenant claimed that he was entitled to a preferential rent. The court ruled for tenant. Landlord appealed and lost. Prior landlord had made many handwritten changes to a previous lease rider that gave tenant a permanent rent concession. Landlord claimed that a later typewritten lease rider, without the rent concession, was the proper rider. But landlord was bound by the terms of the prior lease rider.

United West, LLC v. Lieberwirth: NYLJ, 2/26/07, p. 31, col. 1 (App. T. 1 Dept.; McKeon, PJ, McCooe, Schoenfeld, JJ)