Respondent had an ample opportunity to bring in a witness, its own experts to rebut the
C.P.A.'s assessment and interpretation of the lease provisions. For example, in 2009,
according to the C.P.A., the CPI index was -0.4%. Since the C.P.A.'s interpretation was
that it was negative, in his opinion, there was no increase due. According to his
interpretation of the lease, the annual rent could only be adjusted if the CPI increase is a
positive number and/or positive increase. Since it was negative, there was no increase
due for 2009. The Respondent elected to not call any witnesses to support its
contentions.
At the conclusion of cross-examination, direct and redirect, the parties
agreed and stipulated that Mr. Bandini appears as a fact witness and as a C.P.A. and
concededly, Mr. Bandini was the C.P.A. hired by the Petitioner to perform the
calculations of the fixed rent, the CPI increases, the interest and late fees for the
underlying summary proceeding. However, the parties agreed that he was not deemed an
expert in this proceeding.
At the conclusion of the testimony of Mr. Bandini, the Petitioner rested on
its case-in-chief.
After recess, the Respondent commenced its case-in-chief and called Irwin
Brenner as the first witness. Mr. Brenner revealed that he is Fred Brenner's son from Fred
Brenner's first marriage. He stated that the Petitioner, Jodi Brenner, is Fred Brenner's
daughter from his second marriage, therefore, his half- sister. In addition, the witness
testified that Fred Brenner has a second daughter, Shari Brenner, also from the second
marriage. The records below will also show that Deborah Brenner is also a daughter of
Fred Brenner; of which marriage, this Court is unclear.
The witness testified that the first time he was presented with a duly