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BWHNV ASSOC. v. SUN LEE DELI

194 Misc.2d 725 (2003)

756 N.Y.S.2d 699

B.W.H.N.V. ASSOCIATES, Appellant, v. SUN LEE DELI & GROCERY, INC., Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

February 19, 2003.

Attorney(s) appearing for the Case

Mark S. Friedlander, New York City (Jeffrey M. Rosenberg of counsel), for appellant.

Silver & Silver, LLP, New York City (Nancy J. Silver of counsel), for respondent.

McCOOE, J.P., DAVIS and SCHOENFELD, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order entered March 15, 2002 reversed with $10 costs, tenant's motion to dismiss the nonpayment petition is denied, and landlord's cross motion to amend the petition is granted.

In this commercial nonpayment proceeding, landlord's petition sought additional rent for the preceding five-year period based upon the consumer price index escalation clause in the lease. Tenant...

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