L.P.S. Enterprises of New York, Ltd. v. Senpike Mall Co.

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted that part of defendant’s cross motion for partial summary judgment seeking dismissal of those parts of the fourth and fifth causes of action that seek a refund for alleged common area cost overcharges that accrued prior to January 1,1996. In signing the lease, plaintiff expressly waived the right to audit common area charges for each year after the passage of two lease years (see, Hadden v Consolidated Edison Co., 45 NY2d 466, 469), and “[ajbsent some violation of law or transgression of a strong public…