Opinion
570321/11.
08-31-2011
149 Madison LLC, Petitioner-Landlord-Appellant, v. Paul J. Bosco, Respondent-Tenant-Respondent.
PRESENT: Torres, J.P., Shulman, Hunter, Jr., JJ
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), dated May 26, 2010, which, in effect, denied landlord's motion for summary judgment on its claim for electrical charges in a commercial nonpayment summary proceeding, and an order (same court and Judge), dated September 23, 2010, which, upon reargument and renewal, adhered to its original determination.
Per Curiam.
Order (Manuel J. Mendez, J.), dated September 23, 2010, affirmed, with $10 costs, for the reasons stated by Manuel J. Mendez, J. at Civil Court. Appeal from order (Manuel J. Mendez, J.), dated May 26, 2010, dismissed as academic.
We agree with Civil Court that the language of the governing commercial lease agreement between the parties clearly and unambiguously provided that the specified base rent was "inclusive of ... charges for electricity," which was thereafter "subject to increase or decrease" based upon the "cost of electricity." Where, as here, parties to a contract have "set down their agreement in a clear, complete document, their writing should ... be enforced according to its terms" (Madison Ave. Leasehold, LLC v Madison Bentley Assoc. LLC, 8 NY3d 59, 66 [2006], quoting South Rd. Assoc., LLC v International Bus. Machs. Corp., 4 NY3d 272, 277-278 [2005]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.