FITZPATRICK v. MISTER DONUT OF AM., INC.


78 A.D.2d 647 (1980)

Dennis M. Fitzpatrick et al., Respondents, v. Mister Donut of America, Inc., Appellant

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

October 14, 1980


Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, motions for summary judgment and to vacate the temporary injunction granted, and it is declared that the phrase "real estate taxes" in the sublease under consideration was meant to and does encompass and include "school taxes".

Plaintiff Dennis M. Fitzpatrick operates a business pursuant to a franchise agreement with, and in premises sublet from, the defendant. The sublease provides...

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