40 RECTOR OWNER LLC v. CITY OF NEW YORK

40, 670, 652926/12.

137 A.D.3d 700 (2016)

29 N.Y.S.3d 282

2016 NY Slip Op 02526

40 RECTOR OWNER LLC, Appellant-Respondent, v. CITY OF NEW YORK, Respondent-Appellant.

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

Decided March 31, 2016.


From 1994 through July 23, 2010, defendant was a tenant under a multi-year lease with plaintiff or its predecessor; defendant was obliged to pay, and did pay, both fixed rent and additional rent. Additional rent included such items as real estate tax escalations and operating expense escalations.

From July 24, 2010 through May 31, 2011, defendant was a month-to-month tenant of certain portions of plaintiff's building (see Real Property Law § 232-c) with...

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