On a commercial lease motion arising from a landlord’s purported termination for non-payment of rent, the court held that no rent was due on the termination date once rooftop lease credits required under the lease and prior judgment were properly applied.
The court found the landlord’s unilateral amortization of annual rooftop rent receipts was inconsistent with the prior lease decision and that the purported termination and lockout were invalid.
The tenant’s attempt to assert fresh rent-abatement claims for the pre-April 2022 period was barred by issue estoppel and abuse of process because those issues were bound up with the earlier adjudication of rent arrears.
The court reset the parties’ obligations by ordering payment of specified arrears, excusing rent during the period of wrongful lockout, directing immediate exclusive possession, lock replacement, and a reference on separate construction allowance disputes.
