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NAT'L COMMERCIAL BANK & TRUST CO. v. RICHARD I. RUBIN & CO., INC.

51 A.D.2d 818 (1976)

National Commercial Bank and Trust Company, Appellant-Respondent, v. Richard I. Rubin and Co., Inc., et al., Respondents-Appellants

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

February 5, 1976

On November 3, 1969 defendant lessor and plaintiff lessee entered into an agreement whereby certain premises were leased to the plaintiff by defendant to be used as a branch banking facility in lessor's shopping center, known as Mohawk Mall. The lease provided in Covenant 11 for the payment by the landlord in first instance of all taxes, and further that: "If the amount of such impositions shall in any lease year of the term or...

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