ESPOSITO v. BRIEN


16 A.D.2d 751 (1962)

Anthony Esposito, Respondent, v. Elizabeth Brien, Appellant, and Robert E. Herman, as State Rent Administrator, Intervenor-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 1, 1962


Order of Appellate Term, entered on November 17, 1960, affirming final order in favor of landlord in summary proceeding in the Municipal Court, unanimously reversed, on the law, and final order directed to be entered in favor of tenant dismissing the petition, without costs.

The "escalator clause" in the lease provided: "The tenant further agrees to pay as additional rent such amount as may be fixed by order of the Temporary State Housing Rent Commission for increased...

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