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ADELPHIA LAMPS & SHADES, INC. v. 41 MADISON AVE. CO.

84 A.D.2d 501 (1981)

Adelphia Lamps & Shades, Inc., Doing Business as Remington Lamp Co., et al., Appellants, v. 41 Madison Avenue Company, Respondent

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

October 1, 1981

In the second decretal paragraph, Special Term "ORDERED and ADJUDGED that the [subject] escalation clauses contained in the lease agreements of [plaintiffs] * * * are not unconscionable".*The stricken third paragraph, however, went on to dismiss the complaint. "It was error * * * to dismiss the complaint in this action for a declaratory judgment merely because the plaintiffs were not entitled to the declaration sought by them" (Lanza v Wagner...

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