[U] Goldman V. Rosen

Petitioner commenced this holdover proceeding in early August 2004 to recover possession of the subject premises and for and use and occupancy. Respondent surrendered possession in late August 2004, after this holdover proceeding began. The only remaining issue is whether and how much use and occupancy petitioner is entitled to. For the reasons stated below, the court, under paragraph 7 of the parties' lease extension agreement, awards petitioner use and occupancy for May, June, July, and August 2004 in the amount of $143,325 and, under paragraph five of the lease extension agreement, a four-percent late charge (but not also the 18-percent interest charge that petitioner seeks), for a total of $149,058.