KUEHNE & NAGEL, INC. v. CARGO EXP. CORP.


86 A.D.2d 501 (1982)

Kuehne & Nagel, Inc., Appellant, v. Cargo Export Corp., Respondent

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

January 5, 1982


The failure by plaintiff to bill the tenant for over four years for the taxes now claimed to have been periodically due during this period, and the acceptance of rent which did not include such taxes, raise sufficient questions so that we think it is safer not to grant final judgment on the present affidavits alone and the matter should be explored at a trial. With respect to the rights of the parties as to the one- and one-half month holdover, questions of credibility are...

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