Mount Sinai Hospital v. 1998 Alexander Karten Annuity Trust

OPINION OF THE COURT

Friedman, J.P.

We hold that, under the circumstances of this commercial landlord-tenant dispute, it was a constructive condition precedent to the tenant’s obligation to pay additional rent for a given year that the landlord submit an additional rent statement for that year within two years after it ended. Accordingly, the landlord, which failed to submit any additional rent statements for more than a decade and then suddenly submitted statements for the previous 12 years on March 1, 2011, is not entitled to collect additional rent for any but the last two of those years…