Abarrotes Mixteca Corp., Inc. v. Eliot Brisk, et al.

New York City, New York civil litigation lawyers represented the parties in a real property dispute.



Judgment, Supreme Court, New York County (Louis L. Nock, J.), entered August 4, 2023, awarding defendant landlord 5000 Grand, LLC a total amount of $268,911.89, and bringing up for review an order, same court and Justice, entered June 15, 2023, which, to the extent appealed from as limited by the briefs, granted the landlord's motion for summary judgment on its counterclaims for unpaid real estate tax escalations (first counterclaim) and water charges (second counterclaim) as against plaintiff tenant Abarrotes Mixteca Corp., Inc. and as to liability against third-party defendant guarantor Guillermo Iglesias on the guaranty, granted so much of the tenant's cross-motion for summary judgment on its claim to recover the security deposit, and denied so much of the cross-motion as sought to dismiss the counterclaims and the landlord's third-party complaint against the guarantor and to amend the pleadings, unanimously modified, on the law, to reduce the judgment by the amount of statutory interest that accrued from June 1, 2016 on the tenant's claim for the return of the security deposit, to reduce the award to the landlord on its counterclaims for additional rent to those amounts that accrued on or after September 13, 2013, and to remand for further proceedings for the proper calculation of these amounts, and otherwise affirmed, without costs. Appeal from the aforesaid order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.



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Legal issue Can a landlord recover unpaid real estate tax escalations and water charges without providing notice to the tenant under the lease?



Key Phrases Unpaid real estate tax escalations. Water charges. Guarantor expressly waived notice. Six-year statute of limitations. Commingling of the security deposit.

Affirmed