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59 Maiden Lane Assocs. v. Maiden Farm Inc.

Amendment of Petition Without Additional Rent Demand Impermissible; Only Subpoenas Granted

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CPLR 2219(a) RecitationMotion/Affidavits, Exhibits                1Cross-Motion, Exhibits     2Reply, Exhibits   3-5DECISION AND ORDERBACKGROUND FACTS AND PROCEDURAL HISTORY Petitioner-Landlord 59 Maiden Lane Associates, LLC commenced this commercial summary nonpayment proceeding seeking a judgment of possession for 59 Maiden Lane, Ground Floor, Lower, and Mezzanine Levels, New York, New York 10038 (the “Premises”) and a monetary judgment against Respondent-Tenant Maiden Farm, Inc. (Landlord Exh D [the "Petition"]).On July 20, 2000, Landlord leased the Premises to Tenant’s predecessor-in-interest for a 25-year term ending July 31, 2025 (Landlord Exh B [the "Lease"]). The Lease contains, among other things, a provision obligating Tenant to pay rent comprising “Fixed Rent” — most recently $58,873.91 monthly from July 1, 2018 through June 30, 2019 — together with “Additional Charges” consisting of “Tax Payments,” defined as Tenant’s 2.27 percent share of taxes billed to Landlord by the New York City Department of Finance (Lease

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