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MTR. OF NY PLAZA BLDG (OPPENHEIM)

103 A.D.2d 203 (1984)

In the Matter of the Arbitration between New York Plaza Building Company, Respondent, and Oppenheim, Appel, Dixon & Co., Appellant In the Matter of the Arbitration between New York Plaza Building Company, Respondent, and International Nickel Co., Inc., Appellant In the Matter of the Arbitration between New York Plaza Building Company, Respondent, and Salomon Brothers, Inc., Appellant

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

August 29, 1984

Attorney(s) appearing for the Case

Richard C. Seltzer of counsel (Phillip A. Geraci with him on the brief; Kaye, Scholer, Fierman, Hays & Handler, attorneys), for appellants.

Martin I. Shelton of counsel (Shea & Gould, attorneys), for respondent.

SANDLER, J. P., ROSS, CARRO and MILONAS, JJ., concur.

FEIN, J.

The New York Plaza Building Company (NYP) owns and operates One New York Plaza. Oppenheim, Appel, Dixon & Co. (OAD), The International Nickel Co., Inc. (INCO), and Salomon Brothers, Inc. (SB), are tenants in the building. Section 3.04 B of each lease provides that tenants shall pay as additional rent a specified percentage of the annual cost of operation and maintenance of the building in excess...

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