Landlord appeals from an order of the Civil Court of the City of New York, New York County (Saliann Scarpulla, J.), entered July 19, 2006, which denied its motion to strike tenants' first, second, third and fourth affirmative defenses in a commercial nonpayment proceeding.

PER CURIAM:

Order (Saliann Scarpulla, J.), entered July 19, 2006, reversed, with $10 costs, and landlord's motion to strike the first, second, third and fourth affirmative defenses is granted.

Tenants were required to pay "additional rent" during the renewal term of the parties' commercial lease agreement, inasmuch as the option to renew was governed by "all of the terms and conditions" contained in the original lease. The narrow provision in the original lease to arbitrate the fair market value of "annual rent" during the renewal period did not affect tenant's obligation to pay "additional rent," which was a separately defined, independent obligation under the lease. Since the language of the lease was clear and unambiguous, the court should have interpreted it without resort to the parties' subjective intentions (see Cale Development Co. Inc. v Conciliation and Appeals Board, 94 AD2d 229 [1983]). [*2]

Giving proper affect to the "no waiver" provision of the lease, any delay by landlord in billing for additional rent undisputedly due under the lease does not support a claim of waiver or latches (see Palace Renaissance, Inc. v Sareb Restaurant Corp., 10 Misc3d 137A, 2005 NY Slip Op 52162(U) [2005]). Nor was landlord estopped from collecting rent payments due under the lease by tenant's execution of an estoppel certificate (see Hammelburger v Foursom Inn Corp., 54 NY2d 580, 588 [1981]; Padell Nadell Fine Weinberger & Co. v Midtown Realty Co., 245 AD2d 188 [1997]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 09, 2007