The appellant landlord appealed a summary judgment order requiring it to return the balance of the respondent tenant's security deposit.
The motions judge had found that the landlord was barred from claiming Additional Rent adjustments for the 2012, 2013, and 2014 lease years because it failed to provide notice within 180 days of its financial year end, as required by the lease.
The Divisional Court upheld the motions judge's interpretation of the lease, finding it consistent with the language and the six-month limitation on tenants seeking readjustment.
The appeal was dismissed.
