Geltzer v. DuFour Pastry Kitchens, Inc.

Order of the Appellate Term of the Supreme Court, First *365Department, entered September 23, 2005, affirming an order of Civil Court, New York County (Donna G. Recant, J.), entered on or about July 23, 2004, which directed a hearing to determine the appropriate rental amount for the renewal term of respondent-appellant ’ s sublease, unanimously affirmed, with costs.

The sublease specifically incorporated the provisions of the overlease, which effectively set rent for the renewal period as “fair market” rent (see B. Boman & Co. v Professional Data Mgt., 218 AD2d 637 [1995]). Unlike the boilerplate…