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Empire State Bldg. Co. v Sehera Food Servs., Inc.
2009 NY Slip Op 52070(U) [25 Misc 3d 128(A)]
Decided on October 14, 2009
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 14, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Heitler, Shulman, JJ
570461/07.

Empire State Building Company, -

against

Sehera Food Services, Inc. Respondent-Tenant-Appellant.


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.
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 [2001]).

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.
Decision Date: October 14, 2009