B.W.H.N.V. Associates v. Sun Lee Deli & Grocery, Inc.

OPINION OF THE COURT

Order entered March 15, 2002 reversed with $10 costs, *726tenant’s motion to dismiss the nonpayment petition is denied, and landlord’s cross motion to amend the petition is granted.

In this commercial nonpayment proceeding, landlord’s petition sought additional rent for the preceding five-year period based upon the consumer price index escalation clause in the lease. Tenant made a preanswer dismissal motion principally addressed to alleged defects in form and service of the predicate notice and petition. Civil Court granted the motion on the ground — not raised in the moving…