Marketplace v. David Smith, DBA The Hippo Cafe

In Marketplace v. David Smith, DBA The Hippo Cafe (181 Misc 2d 440 [Just Ct, Monroe County 1999]), the court held that accelerated rent, which was provided for in the lease, could not be recovered in a summary proceeding. The court held that accelerated rent is a matter of contract law and--because summary proceedings are statutory in nature--the landlord was not permitted to expand the subject-matter jurisdiction of a summary proceeding to allow for a recovery of accelerated rent.