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P.A. BUILDING COMPANY v. CITY OF NEW YORK

305 A.D.2d 244 (2003)

760 N.Y.S.2d 154

P.A. BUILDING COMPANY, Appellant-Respondent, v. CITY OF NEW YORK, Respondent-Appellant.

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

Decided May 20, 2003.

Plaintiff landlord and tenant City entered into a series of similar leases between 1978 and 1994. The leases contained rent escalation provisions which required the payment of additional rent on a ratable basis based upon the building's "operating expenses * * * as audited by the [New York City] Comptroller." The leases defined "operating expenses" as costs related to the building's "operation, maintenance and repair" but excluded...

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