2015 NY Slip Op 50089

Citation: 2015 NY Slip Op 50089
Jurisdiction: New York (state)
Source: Official source
Original Source: https://www.nycourts.gov/reporter/3dseries/2015/2015_50089.htm ↗

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that table better represented the terms of the lease than the "Chained" CPI. Mr. Bandini
testified that Petitioner's Exhibit "7", admitted into evidence on consent, were also his
calculations. For a significant portion of his testimony, he explained the application of
the CPI to the fixed rent and the compounding of the yearly rent increases for the
purposes of calculating the fixed rent from 2004-2013. For example in the 2008, the
fixed rent was calculated as follows:

[[[Include an example of the calculation.]]]

For 2007, the witness testified that he was informed by Jodi Brenner that she could
only collect from August 2007 through December 2007 and then from January 2008 to
September 2013. The chart reflects the years of rent increase calculations that are not
collectible and the years of rent increase calculations that are collectible. It was conceded
by both parties that the Petitioners are precluded from collecting rent for the years 2005
through July 2007 based on the application of the six- year statute of limitation for
breach of contract. Therefore, the Petitioner seeks to collect rent from August 2007
through and including September 2013.

The witness further described the calculation of the late fee. The late fee is calculated
as follows:

[[[insert mathematical calculation]]].

The total amount of the late fees as claimed by the Petitioner from August
2007 through September [*5]2013 is $12,470.24.

The witness further testified that Petitioner's Exhibit "8", admitted into
evidence with no objection, was the Prime Interest Rate History from December 1, 1947
through and including December 16, 2008. The witness acknowledged that the chart only
went through December 16, 2008 but asserted that as a CPA, he has personal and