SALOMON SMITH BARNEY HOLD. v. 7 WORLD TRADE

Plaintiff tenant's failure to object to various rent charges within 270 days, as required by the lease, precludes it from instituting this action for breach of contract and declaratory judgment (see, Matter of Jack Kent Cooke, Inc. v. Saatchi Saatchi, N. Am., 222 A.D.2d 334; The Home Ins. Co. v. Olympia York Maiden Lane Co., 219 A.D.2d 469; Silverstein Props. v. Paine, Webber, Jackson Curtis, Inc., 104 A.D.2d 769, affd 65 N.Y.2d 785). Tenant always had access to defendant landlord's books and records, and thus cannot be heard to complain that it was somehow defrauded by the rent statements (see, Cooke, 222 A.D.2d, supra, at 335), and tenant's letters which "reserved" the right to audit landlord's books did not indefinitely toll tenant's time to contest a rent statement (see, Europe Craft Imports v. Hilson Mgt. Corp., 205 A.D.2d 380, 382).

We have considered plaintiff's other arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.