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CAREY & ASSOC. LLC v. 521 FIFTH AVENUE PARTNERS, LLC

650165/08, 1421, 1420.

140 A.D.3d 475 (2016)

33 N.Y.S.3d 246

2016 NY Slip Op 04452

CAREY & ASSOCIATES LLC, Appellant, v. 521 FIFTH AVENUE PARTNERS, LLC, et al., Defendants, and GREEN 521 FIFTH AVENUE LLC, Respondent.

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

Decided June 9, 2016.

On plaintiff's main claim, that defendant landlord improperly overcharged for electricity costs under the lease, the motion court correctly determined that section 3.1 (A) of the lease unambiguously provides that 50% of all electricity costs for the building should be included in the calculation of operating expenses payable as additional rent. Section 3.1 (A) creates two separate frameworks for calculating operating expenses ...

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