HOME INS. CO. v. OLYMPIA & YORK MAIDEN LANE CO.


219 A.D.2d 469 (1995)

631 N.Y.S.2d 158

Home Insurance Company, Appellant, v. Olympia & York Maiden Lane Company et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

September 7, 1995


The lease at issue expressly stated that the annual Operating Statements forwarded by the landlord would become "conclusive and binding" on the tenant in absence of timely dispute within 60 days of receipt thereof and, where no immediate settlement could be reached, in absence of a demand for arbitration within 120 days of receipt. The landlord was entitled to rely upon the express terms of the lease (see, Matter of New York Plaza Bldg. Co. [Oppenheim, Appel, Dixon...

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