SALOMON SMITH BARNEY HOLDINGS INC v. WORLD TRADE COMPANY (2000)

Order, Supreme Court, New York County (Eileen Bransten, J.), entered February 29, 2000, which denied plaintiff's motion for a Yellowstone injunction, and granted defendant's cross motion to dismiss the complaint, unanimously affirmed, without costs.

 Plaintiff tenant's failure to object to various rent charges within 270 days, as required by the lease, precludes it from instituting this action for breach of contract and declaratory judgment (see, Matter of Jack Kent Cooke, Inc. and Saatchi & Saatchi, N. Am., 222 A.D.2d 334, 635 N.Y.S.2d 611;  The Home Ins. Co. v. Olympia & York Maiden Lane Co., 219 A.D.2d 469, 631 N.Y.S.2d 158;  Silverstein Props. v. Paine, Webber, Jackson & Curtis, Inc., 104 A.D.2d 769, 480 N.Y.S.2d 724, affd. 65 N.Y.2d 785, 493 N.Y.S.2d 110, 482 N.E.2d 906).   Tenant always had access to defendant landlord's books and records, and thus cannot be heard to complain that it was somehow defrauded by the rent statements (see, Cooke, supra, at 335, 635 N.Y.S.2d 611), and tenant's letters which “reserved” the right to audit landlord's books did not indefinitely toll tenant's time to contest a rent statement (see, Europe Craft Imports v. Hilson Mgt. Corp., 205 A.D.2d 380, 382, 613 N.Y.S.2d 176).

We have considered plaintiff's other arguments and find them unavailing.

MEMORANDUM DECISION.