149 Madison LLC v Bosco

[*1] 149 Madison LLC v Bosco 2011 NY Slip Op 51633(U) Decided on August 31, 2011 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on August 31, 2011
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Torres, J.P., Shulman, Hunter, Jr., JJ
570321/11.

149 Madison LLC, Petitioner-Landlord-Appellant,

against

Paul J. Bosco, Respondent-Tenant-Respondent.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), dated May 26, 2010, which, in effect, denied landlord's motion for summary judgment on its claim for electrical charges in a commercial nonpayment summary proceeding, and an order (same court and Judge), dated September 23, 2010, which, upon reargument and renewal, adhered to its original determination.

 

Per Curiam.

Order (Manuel J. Mendez, J.), dated September 23, 2010, affirmed, with $10 costs, for the reasons stated by Manuel J. Mendez, J. at Civil Court. Appeal from order (Manuel J. Mendez, J.), dated May 26, 2010, dismissed as academic.

We agree with Civil Court that the language of the governing commercial lease agreement between the parties clearly and unambiguously provided that the specified base rent was "inclusive of ... charges for electricity," which was thereafter "subject to increase or decrease" based upon the "cost of electricity." Where, as here, parties to a contract have "set down their agreement in a clear, complete document, their writing should ... be enforced according to its terms" (Madison Ave. Leasehold, LLC v Madison Bentley Assoc. LLC, 8 NY3d 59, 66 [2006], quoting South Rd. Assoc., LLC v International Bus. Machs. Corp., 4 NY3d 272, 277-278 [2005]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: August 31, 2011