Court of Appeals of New York

In a landlord-tenant dispute involving whether asbestos abatement costs incurred by the landlord were "operating expenses" under the relevant terms of a commercial lease, judgment for landlord awarding additional rent due including amount of interest accrued is reversed and remanded where: 1) the underlying asbestos abatement costs were not "operating expenses" within the meaning of "escalation provisions" in the lease agreement; and 2) the interest amount on additional rent due should have been calculated from the date which an audit resisted by the landlord was finally commenced.

Appellate Information

• Decided 05/01/2008
• Published 05/01/2008

Judges

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
•  Robert Kruger, New York City, for appellant in first above-entitled action., Eliot Spitzer, Attorney-General, Albany (Barbara G. Billet,  Peter H. Schiff, Victor Paladino and Kathleen M. Treasure of counsel), for New York State Department of Health, for amicus curiae in the first above-entitled action., Robert, Lerner & Robert, Rockville Centre (Charles Robert and Joan Lensky Robert of counsel), for appellant in second above-entitled proceeding.,  Burchetta, Brofman & Hanley, Pomona (Sonia Crannage, of counsel), for NYSARC, Inc., for amicus curiae in second above-entitled proceeding.


• For Appellees:
  
• Alan D. Scheinkman, County Attorney of Westchester County, White Plains (Stacey Dolgin-Kmetz and Lea L. Bahl of counsel), for nonparty respondent in first above-entitled action., Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Paul G. Costello of counsel), for respondent in second above-entitled proceeding.