October 23, 1998
Appeal of
NATIONWIDE POSTAL MANAGEMENT
LEASE AGREEMENT
PSBCA No. 4015
APPEARANCE FOR APPELLANT:
J. Leonard Spodek
APPEARANCE FOR RESPONDENT:
Samuel J. Schmidt, Esq.
OPINION OF THE BOARD ON MOTION FOR RECONSIDERATION
Appellant has filed a motion requesting that the Board reconsider its decision in Nationwide Postal Management, PSBCA No. 4015, 1998 PSBCA LEXIS 23, July 30, 1998. In our original Opinion, we held that Respondent, the lessee of a building owned by Appellant, was not liable under the lease for the cost of an annual boiler inspection and permit fee required by municipal law. We arrived at this conclusion because both the duty to inspect the boiler and the annual permit fee are imposed on the owner of the building, and there was nothing in the lease that passed the cost of compliance through to the Respondent as the tenant. Thus we found that Appellant had failed to meet its burden of proving its entitlement to recover the charges from Respondent.
In support of its request for reconsideration, Appellant makes the same arguments that it offered in the appeal, asking the Board to reach a different conclusion after a second look at these arguments. Reargument of issues previously raised and fully considered in the Board decision does ot provide a basis for reconsideration, see Nationwide Postal Management, PSBCA No. 4068, 98-1 BCA ¶ 29,579; Patricia J. Stevens, PSBCA No. 3272, 94-2 BCA ¶ 26,951; F.C.F. Company, PSBCA No. 1353, 87-1 BCA ¶ 19,522, and there is no need to address the arguments again in deciding this request for reconsideration.
Appellant has not submitted any previously-unavailable or newly-discovered evidence or shown any factual or legal errors which would warrant changing our decision. See Montgomery-Ross-Fisher, PSBCA No. 1096, 84-1 BCA ¶ 17,607.
Accordingly, the motion for reconsideration is denied.
Norman D. Menegat
Administrative Judge
Board Member
I concur:
James A. Cohen
Administrative Judge
Chairman
I concur:
David I. Brochstein
Administrative Judge
Vice-Chairman