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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President of General now that he retired. Fred Brenner is currently seeking late fees and
interest for CPI increases that he, as the past President of General Plumbing, did not
pay". (Affirmation of Michael J.P. Schewe, Esq. at pars. 57 and 58). Since General was
never in [*8]default of the lease, these fees should not be
collected.

The Respondent also states that the action should be dismissed since the rent
demand contains ambiguities. The Respondent also claims that the provisions of the lease
that are ambiguous should be construed against the Petitioners. The Petitioners, Fred
Brenner and Jodi Brenner, were never called to the witness stand to explain these
ambiguous provisions. In addition, the Respondent alleges that the consumer price index
is ambiguous and therefore, should be resolved in favor of General. The Respondent then
states that based upon this ambiguity, the CPI table that the Respondent used should be
used by the Court, and any ambiguity construed in favor of General.

Lastly, the Respondent argues that the Petitioner-landlord is not entitled to
attorney's fees or costs because this proceeding was a good faith dispute over the amount
of rent owed and not strictly an action to recover unpaid rent. Since the sum alleged due
by the Respondent was deposited in General's attorney escrow account in the sum of
$100,000.00, the Respondent claims that it is a genuine dispute in which the parties
should be responsible for their own attorney fees. Since General Plumbing was never in
default of the lease, legal fees are not warranted under Section 8.2 of the lease.

General Plumbing requests judgment striking the rent increase provision
from the lease and a finding that such increase is fatally unclear and improper, or