Tenant appeals from (1) a final judgment of the Civil Court, New York County (Eileen A. Rakower, J.), entered August 20, 2004, upon an order which granted landlord's motion for summary judgment for possession and a money judgment in the principal sum of $42,282.62 and dismissed tenant's counterclaim for rent overcharges in a nonpayment summary proceeding, and (2) an order of the same court and Judge dated October 28, 2004, which denied tenant's motion to vacate the final judgment.

PER CURIAM:

Final judgment (Eileen A. Rakower, J.), entered August 20, 2004, affirmed, and order (Eileen A. Rakower, J.), dated October 28, 2004, affirmed, with one bill of $25 costs.

Civil Court correctly determined that tenant is obligated to make the base rent, rent escalation and related payments sought herein by landlord and properly granted summary judgment to landlord in this commercial nonpayment proceeding. The record reveals that tenant failed to object to landlord's operational statements within 30 days of the receipt of such rent statements as required by paragraph F of the escalation rider (see Home Ins. Co. v Olympia & York Maiden Lane Co., 219 AD2d 469 [1995]) and had no meritorious defense to the proceeding. We note that the law office was rented "as is" (paragraph 21 of the lease) with no specific representation in the lease agreement as to square footage and that the computations of rent and additional rent were based on a formula independent of square footage. We have examined tenant's remaining contentions and find them to be without merit.

This constitutes the decision and order of the court.
I concur I concur I concur [*2]
Decision Date: February 14, 2006