J C PENNY v. 1700 BROADWAY


104 Misc.2d 787 (1980)

J. C. Penney Company, Inc., Plaintiff, v. 1700 Broadway Company et al., Defendants.

Supreme Court, Trial Term, New York County.

June 13, 1980.


Attorney(s) appearing for the Case

Jonathan B. Altschuler for plaintiff. Windels, Marx, Davies & Ives for International Business Machines Corporation, defendant. Warshaw, Burstein, Cohen, Schlesinger & Kuh (Jay A. Kranis of counsel), for 1700 Broadway Company, defendant.


MARTIN EVANS, J.

In this action for a declaratory judgment, plaintiff subtenant J. C. Penney Co., Inc., seeks a judicial construction of the real estate tax escalation clause contained in a prime lease, which it assumed by its sublease. Defendant landlord 1700 Broadway Company moves for summary judgment.

The controversy at bar arises out of the construction of a 42-story office building on the block...

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