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CLOVE LAKES v. DEMISAY

74 A.D.2d 466 (1980)

Allied Clove Lakes Co., a Partnership, Respondent, v. Nicholas D. Demisay, Individually and Doing Business as Clove Lakes Health Related Facility, Appellant

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

May 22, 1980

Attorney(s) appearing for the Case

Helen Minkin of counsel (Rooney & Minkin, attorneys), for appellant.

Jacob W. Heller of counsel (Eli Feit with him on the brief; Heller Horowitz & Feit, attorneys), for respondent.

KUPFERMAN and SANDLER, JJ., concur; MURPHY, P. J., dissents on opinion of GREENFIELD, J., at Special Term.

SILVERMAN, J.

Defendant tenant appeals from a grant of partial summary judgment in favor of plaintiff landlord based on an escalation clause in a lease between the parties.

In our view, the escalation clause in the lease is not sufficiently unambiguous in its application to the present situation so as to require judgment for plaintiff as a matter of law. We cannot reject the possiblity that properly admissible...

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