RAN FIRST ASSOCIATES v. 363 EAST 76TH STREET CORPORATION


297 A.D.2d 506 (2002)

747 N.Y.S.2d 13

RAN FIRST ASSOCIATES, Appellant, v. 363 EAST 76TH STREET CORPORATION, Respondent.

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

Decided September 12, 2002.


Plaintiff tenant commenced the instant action against defendant landlord seeking recovery of $20,898.17 in rent overcharges based on the landlord's alleged miscalculation of additional rent for the years 1997-2000, pursuant to the parties' commercial lease. Plaintiff leased ground-floor commercial space in the building, which otherwise is a residential cooperative. The parties' lease includes a tax escalation clause which provides...

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