SOUTH FERRY v. SCHRODER BANK


122 Misc.2d 595 (1983)

South Ferry Building Company, Respondent, v. J. Henry Schroder Bank & Trust Company, Formerly Known as J. Henry Schroder Banking Corporation, Appellant.

Supreme Court, Appellate Term, First Department.

September 16, 1983


Attorney(s) appearing for the Case

Spitzer & Feldman, P. C. (M. James Spitzer, Ronald J. Offenkrantz and Peter J. Bernbaum of counsel), for appellant. Paul, Weiss, Rifkind, Wharton & Garrison and Benedict Ginsberg for respondent.

SULLIVAN, J. P., SANDIFER and PARNESS, JJ., concur.


Per Curiam.

Final judgment entered July 20, 1982 modified by calculating the amount of interest awarded as follows: on $501,249.21 from April 13, 1980 and on $743,015.99 from July 2, 1981; as modified, final judgment affirmed, with $25 costs.

In a prior appeal, this court sustained the validity of the so-called "pay now-fight later" provision in the parties' commercial lease relating to tenant's obligation for additional rent attributable to the increased...

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