Tenant appeals from a judgment of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), entered February 26, 2007, which, upon an order granting summary judgment, awarded landlord a recovery of rent arrears in the principal sum of $37,545.84 in a nonpayment summary proceeding.

Per Curiam.

Final judgment (Geoffrey D. Wright, J.), entered February 26, 2007, affirmed, with $25 costs.

Civil Court correctly determined that tenant is obligated to pay the rent escalation, and water and sewer charges sought by landlord in this commercial nonpayment proceeding. The record establishes that tenant failed to object to landlord's annual real estate tax escalation statements within 45 days of their issuance, as required by article 45(d) of the governing lease rider (see Home Ins. Co. v Olympia & York Maiden Lane Co., 219 AD2d 469 [1995]).
As the motion court properly recognized, the receipt by landlord of bills for water and sewer charges from the City of New York was not a condition precedent to tenant's payment of its proportionate share of such charges, in the absence of a lease provision to that effect and in view of landlord's own status as a net lessee with no ownership interest in the building premises. We note that tenant, in opposing summary judgment, did not challenge the reasonableness of its proportionate share of the water and sewer charges or claim that those charges were inflated.

We have considered tenants's remaining arguments and find them to be without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: January 18, 2008