Rechler Equity B-1, LLC v. AKR Corp.

98 A.D.3d 496 (2d Dept. 2012).  We prevailed upon the Second Department to reverse the Suffolk County Supreme Court, holding that CPLR 2101(e), and not judicial preference or litigation custom, controls and a copy, rather than an original, of an affidavit may be filed in support of a CPLR 3212 motion for summary judgment. Additionally, the Court held that the tenant’s attempt to surrender the key to the demised premises did not prevent the landlord from continuing to seek the rent for the balance of the lease term. This is because HMY represented the landlord from the beginning of the dispute and prepared a response letter for the landlord’s signature acknowledging receipt of the key, but noting that the lease “expires May 31, 2011,” and explaining to the tenant, among other things, that “we do not accept early surrender of the lease.” The Appellate Division granted landlord total relief for all of the rent due until the end of the lease term, and its attorneys’ fees and costs, and dismissed the tenant’s affirmative defenses and counterclaim.