KUSKY v. BERGER


33 Misc.2d 564 (1962)

Anthony Kusky, Plaintiff, v. Ted Berger, Defendant.

Supreme Court, Special Term, Nassau County.

March 5, 1962


Attorney(s) appearing for the Case

Hyman Asheroff for defendant. Aaron B. Cohen for plaintiff.


BERNARD S. MEYER, J.

This motion to dismiss for legal insufficiency a complaint seeking specific performance of an agreement to lease is granted. The agreement provides that the property is to be leased to plaintiff, or his assigns, for a minimum period of 54 years at an annual land rental of $6,300 and that "There shall be provision made for increase or decrease predicated on major changes in the cost of living index as of the date of execution of the...

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