Empire State Building Co. v. Food Servs.

Full title: EMPIRE STATE BUILDING COMPANY, v. SEHERA FOOD SERVICES, Inc…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Oct 14, 2009

2009 N.Y. Slip Op. 52070 (N.Y. App. Term 2009)

901 N.Y.S.2d 906

Opinion

570461/07.

Decided October 14, 2009.

Tenant appeals from so much of an order of the Civil Court of the City of New York, New York County (Arlene Bluth, J.), entered November 18, 2008, after a hearing, as granted landlord late fees in the amount of $135,301.87.

PRESENT: McKeon, P.J., Heitler, Shulman, JJ.

PER CURIAM.

Order (Arlene Bluth, J.), entered November 18, 2008, insofar as appealed from, affirmed, with $10 costs, for the reasons stated by Arlene Bluth, J. at Civil Court. ( See K.I.D.E. v Garage Estates Co., 280 AD2d 251).

In affirming, we note that tenant's present challenge to the method of calculating the late fee was not raised before Civil Court and thus is not preserved for our review.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.