Ran First Associates v. 363 East 76th Street Corp.

Plaintiff tenant commenced the instant action against defendant landlord seeking recovery of $20,898.17 in rent overcharges based on the landlord’s alleged miscalculation of additional rent for the years 1997-2000, pursuant to the parties’ commercial lease. Plaintiff leased ground-floor commercial space in the building, which otherwise is a residential *507cooperative. The parties’ lease includes a tax escalation clause which provides, in pertinent part: “In the event that the amount of real estate taxes * * * assessed against the Land and the Building owned by Landlord * * * attributable to any…