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149 Madison LLC v. Paul J. Bosco

New York Supreme and/or Appellate Courts Appellate Term, First Department


August 31, 2011

149 MADISON LLC,
PETITIONER-LANDLORD-APPELLANT,
v.
PAUL J. BOSCO,
RESPONDENT-TENANT-RESPONDENT.

Per curiam.

149 Madison LLC v Bosco

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This opinion is uncorrected and will not be published in the printed Official Reports.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

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

20110831

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