BROAD PROPS. v. WHEELS INC.


43 A.D.2d 276 (1974)

Broad Properties, Inc., Respondent, v. Wheels Incorporated, Appellant

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

January 14, 1974.


Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett (Michael V. Corrigan and Roy L. Reardon of counsel), for appellant.

Bennett E. Aron for respondent.

SHAPIRO, Acting P. J., BRENNAN and BENJAMIN, JJ., concur.


CHRIST, J.

This is an appeal from an order of the Supreme Court, Suffolk County, made on December 5, 1972, partially granting summary judgment to the plaintiff in this action to recover, as additional rent, increased real property taxes levied upon certain property leased by it to the defendant. The Special Term, although granting summary judgment upon two leases which expired December 31, 1969 and containing identical terms, severed so much of the action...

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