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MATTER OF PARTNERS v. LaLANNE BILTMORE HEALTH SPA, INC.

93 A.D.2d 727 (1983)

In the Matter of Builtland Partners, Respondent, v. Jack Lalanne Biltmore Health Spa, Inc., Appellant

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

April 12, 1983

This controversy centers around the landlord's right to have the cost of electricity and steam, which the tenant is purchasing from the landlord on a rent inclusion basis, reappraised for the second five-year term of the lease. The critical lease provision is: "the amount to be included as rent to be determined by a mutually satisfactory electrical engineer, and reappraised every fifth year during the term hereof by a similar procedure...

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