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MOUNT SINAI v. 1998 ALEXANDER

9387, Index No. 652035/11.

110 A.D.3d 288 (2013)

970 N.Y.S.2d 533

2013 NY Slip Op 5667

THE MOUNT SINAI HOSPITAL, Respondent-Appellant, v. THE 1998 ALEXANDER KARTEN ANNUITY TRUST, Appellant-Respondent.

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

Decided August 20, 2013.

Attorney(s) appearing for the Case

Cyruli Shanks Hart & Zizmor LLP, New York City ( James E. Schwartz of counsel), for appellant-respondent.

Patterson Belknap Webb & Tyler LLP, New York City ( David Slarskey , Andrew L. Herz and Regina Y. Won of counsel), for respondent-appellant.

SAXE, MOSKOWITZ and DEGRASSE, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.P.

We hold that, under the circumstances of this commercial landlord-tenant dispute, it was a constructive condition precedent to the tenant's obligation to pay additional rent for a given year that the landlord submit an additional rent statement for that year within two years after it ended. Accordingly, the landlord, which failed to submit any additional rent statements for more than a decade and then suddenly submitted...

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