Konner Rental Corp. v. Pedone
| Decision Date | 05 April 1966 |
| Citation | 269 N.Y.S.2d 463,50 Misc.2d 69 |
| Parties | KONNER RENTAL CORP., Plaintiff, v. Jeremiah R. PEDONE and Robert Reitz, individually and d/b/a Jarobe Trucking Co., Defendants. |
| Court | New York Supreme Court |
Joseph Greenhill & Ira J. Greenhill, New York City, for plaintiff; Albert Loew, New York City, of counsel.
John H. Fisher, Huntington Station, for defendants.
In this action, tried without a jury, plaintiff sues to recover $6,854.87 for breach of a lease agreement for two motor vehicles made by the defendant partnership and guaranteed by the two partners. It was stipulated that in lieu of taking additional oral testimony, the examinations before trial of the plaintiff and defendants, which together with the pleadings disclosed all of the essential facts in this action, be introduced into evidence and be used by the Court in the determination of this action.
The Court finds that on March 2, 1963, plaintiff entered into a lease with the defendant partnership to rent two vehicles--a 1957 GMAC truck and a Ford truck--for a period of 36 months at a total rental of $11,454.84, to be paid in monthly instalments of $318.19. A security deposit of $500.00 was made, and the two partners guaranteed performance of the lease.
The claim of the defendants that the GMAC truck actually belonged to the defendants and had been given to the plaintiff in lieu of an additional $2,000.00 security cannot now be considered. The lease agreement is clear on its face, and cannot now be varied in accordance with the position taken by the defendant as to this vehicle.
As of August 28, 1963, the defendants had paid $1,241.04 in rentals, and were in default in the sum of $614.99 on rentals already due, and an additional $9,589.81 remained unpaid under the lease. At that time the plaintiff deemed the defendants in default, and repossessed the motor vehicles.
Subsequently the GMAC truck was sold for $1,400.00. The Ford truck was rerented for 36 months at $285.00 a month, but shortly thereafter was again repossessed and rerented to a Henry Smith for 36 months at $225.00 a month. Although there is no evidence as to the status of the second rerental agreement, plaintiff's memorandum suggests that this truck has again been repossessed and is presently held by the plaintiff.
Plaintiff's action is based upon a provision of the lease which provides, in paragraph 24, that in addition to all of the remedies of the lessor in the event of a breach, the 'lessee shall nevertheless be liable for 65% Of the stipulated monthly rental for each month remaining under this lease as liquidated damages.' In upholding a similar provision in an action involving three leases for three buses wherein summary judgment was granted (Konner Rentals Corp. v. V & G Conway Bus...
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