The motion court correctly held that the unambiguous no-waiver clause in the sublease eliminated any issues of fact as to whether plaintiff waived its right to the annual increase in fixed rent by not demanding payment thereof for the first five months of the rent year in question (see Jefpaul Garage Corp. v Presbyterian Hosp. in City of N.Y.,
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457 MADISON AVENUE CORP. v. LEDERER DE PARIS, INC.
51 A.D.3d 579 (2008)
859 N.Y.S.2d 135
457 MADISON AVENUE CORP., Respondent, v. LEDERER DE PARIS, INC., Also Known as LEDERER DE PARIS FIFTH AVENUE, INC., et al., Appellants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided May 29, 2008.
Decided May 29, 2008.
Appellate Division of the Supreme Court of the State of New York, First Department.
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