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TELIMAN HOLDING CORP. v. VCW ASSOC.

Index No. 652237/20. Appeal No. 14277. Case No. 2021-01456.

198 A.D.3d 435 (2021)

152 N.Y.S.3d 303

2021 NY Slip Op 05314

Teliman Holding Corporation, Appellant, v. VCW Associates, Respondent.

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

Decided October 5, 2021.

Attorney(s) appearing for the Case

Robbins, Russell, Englert, Orseck & Untereiner LLP, New York ( Lawrence S. Robbins of counsel), for appellant.

Herrick, Feinstein LLP, New York ( Deborah Koplovitz of counsel), for respondent.

Concur—Renwick, J.P., Gische, Kapnick, Kennedy, Shulman, JJ.

The motion court correctly determined, according to the plain language of Internal Revenue Code (26 USC) § 216(b)(1)(D)(i), (ii), and (iii) and the parties' unambiguous lease, that plaintiff, a cooperative housing corporation, was not permitted to change the rent calculation set forth in the lease (see Duane Reade, Inc. v Cardtronics, LP, 54 A.D.3d 137, 140 [1st Dept 2008]; Cellular Tel. Co. v 210 E. 86th St. Corp., ...

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