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PARK SQUARE GARAGE v. N. Y. UNIV.

27 A.D.2d 460 (1967)

Park Square Garage, Inc., Plaintiff, v. New York University, Defendant

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

May 25, 1967.

Attorney(s) appearing for the Case

Herman M. Glassner of counsel (Lilburn S. Rogers with him on the brief; Carb, Luria, Glassner & Cook, attorneys), for plaintiff.

William C. Porth of counsel (Roger K. Soderberg with him on the brief; Miller, Montgomery, Spalding & Porth, attorneys), for defendant.

EAGER and BASTOW, JJ., concur with McNALLY, J.; CAPOZZOLI, J., dissents in opinion in which, STEVENS, J. P., concurs.

McNALLY, J.

In this action on submitted facts there is presented the question of plaintiff tenant's liability for additional rent. Plaintiff is in possession of a subsurface parking facility located in the area known as Washington Square Village. The lease therefor, dated November 6, 1958, is for 15 years, commencing January 10, 1959. The annual rental is $115,000.08, plus a percentage of annual gross income. The tenant is also required to pay as additional...

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