FRANK B. HALL & CO. OF NEW YORK, INC. v. ORIENT OVERSEAS ASSOCS.


48 N.Y.2d 958 (1979)

Frank B. Hall & Co. of New York, Inc., Appellant, v. Orient Overseas Associates, Respondent.

Court of Appeals of the State of New York.

Decided December 17, 1979.


Attorney(s) appearing for the Case

Carole A. Burns and John P. Hale for appellant.

A. David Benjamin, Eugene J. Morris and Michael J. De Zorett for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum; Judge GABRIELLI dissents and votes to reverse in a separate opinion in which Judge JASEN concurs.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. Article 61(b) of the lease relates tax escalation to "the issuance of a temporary or permanent Certificate of Occupancy for the Building of which the demised premises are a part and which Certificate permits Tenant to enter into occupancy of the demised premises". Article 36 on the other hand explicitly refers the commencement of rent to the time...

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