NEW YORK MERCH. CO., INC. v. 23RD ST. PROPS.


49 A.D.2d 849 (1975)

New York Merchandise Co., Inc., Appellant, v. 23rd Street Properties, Respondent

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

October 21, 1975


Plaintiff leased loft space in defendant's premises 32-46 West 23rd Street, New York, New York, pursuant to a written lease which contains an escalation clause providing for additional rent, to wit, article 40 set forth in the rider to the printed form. Asserting that it was misled by oral misrepresentation into believing that under this clause it would only be liable for aggregate wage increases paid by the defendant to porters actually working on the premises, plaintiff...

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