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Manhattan tower base-year gross-up errors are the largest single dispute category in the country. The recoveries on a 200,000 SF Midtown lease with a 2020-2022 base year run into seven and eight figures over a 15-year term.
Cite NY CPLR § 213(2), Vermont Teddy Bear Co. v. 538 Madison Realty Co., 1 N.Y.3d 470 (2004), and Excel Graphics Tech v. CFG/AGSCB 75 Ninth Avenue, 1 A.D.3d 65 (1st Dep't 2003). The dispute letter should show the partial-occupancy gross-up correction year-by-year and the cumulative impact across the lease term. Send to the institutional notice address via certified mail.
Vermont Teddy Bear v. 538 Madison Realty Co. and Excel Graphics Tech v. CFG/AGSCB 75 Ninth Avenue are the canonical New York authorities on commercial CAM and operating-expense disputes. Both establish that contractual definitions bind the calculation and that ambiguity is read against the landlord-drafter.
Manhattan tenants — the base-year gross-up scan is the dispute lever. The dispute letter draft cites the controlling case law and shows the recalculated number. Send it inside the lease audit window.
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