GOLDMAN COPELAND ASSOCIATES, P. C. v. GOODSTEIN BROS. & CO. INC.


268 A.D.2d 370 (2000)

702 N.Y.S.2d 269

GOLDMAN COPELAND ASSOCIATES, P. C., Appellant, et al., Plaintiff, v. GOODSTEIN BROS. & CO., INC., as a General Partner of GOODSTEIN BROS. COMPANY, Respondent.

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

Decided January 25, 2000.


It is undisputed that the landlord gave the tenant detailed yearly porter wage escalation statements for the years in question, which were paid by the tenant without protest. Since such statements consistently used the same formula in determining the escalation, the tenant's overcharge claim accrued upon its receipt of the first statement almost 12 years before it commenced this action. At that time it had all of the information it needed to contest the manner in which the...

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