2015 NY Slip Op 50089

Citation: 2015 NY Slip Op 50089
Jurisdiction: New York (state)
Source: Official source
Original Source: https://www.nycourts.gov/reporter/3dseries/2015/2015_50089.htm ↗

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has been incorrectly calculated based upon the following rationale: the landlord
wrongfully attempts to charge the Respondent late fees and interest for unpaid rent going
back to August 2007 notwithstanding the fact that the rent demand for such rent was
made in April 2013; the landlord failed to take into account the negative changes in the
CPI Index as required by the lease; the Petitioner compounds the rent by calculating the
fixed rent retroactively to a period of time prior to the date that the Petitioner would be
entitled to collect any increase from the Respondent as of August 2007; and the
Respondent's method of calculation more fully complies with the terms of the lease. The
Respondent's calculation, pursuant to the Respondent's interpretation of the disputed
lease, yields uncollected rent for the subject premises in the amount of $92,457.22 and
said sum has been deposited in its attorney's trust account.

The Respondent further argues that the non-payment proceeding should be stayed
pending a determination of the declaratory judgment action. According to the
Respondent, the Respondent [*3]commenced the
declaratory judgment action in or about July 25, 2013, and subsequently, on July 31,
2013, the landlord commenced the instant non-payment proceeding. The Respondent
claims that both actions are pending for the same relief, and since the declaratory
judgment was first in time, the summary proceedings should be stayed pending a
determination of the declaratory judgment action. In the alternative, the Respondent
claims that the non-payment proceeding should be stayed, removed and consolidated
with the declaratory judgment action.

In the interim, the request for a stay in the Supreme Court of this summary