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CLOVE LAKES v. DEMISAY

102 Misc.2d 1034 (1979)

Allied Clove Lakes Co., Plaintiff, v. Nicholas D. Demisay, Individually and Doing Business as Clove Lakes Health Related Facility, Defendant.

Supreme Court, Special Term, New York County.

August 31, 1979.

Attorney(s) appearing for the Case

Heller, Horowitz & Feit (Jacob Heller and Eli Feit of counsel), for plaintiff. Paul K. Rooney and Helen Minkin for defendant.

EDWARD J. GREENFIELD, J.

Plaintiff moves for an order pursuant to CPLR 3212, granting partial summary judgment on its first cause of action.

Plaintiff landlord seeks to recover additional rent, pursuant to the terms of a written lease agreement, from the defendant tenant. The subject premises are operated as a nursing home and health related facility. The lease contains a cost-of-living escalator clause...

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