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BWA CORP. v. ALLTRANS EXPRESS U.S.A., INC.

112 A.D.2d 850 (1985)

BWA Corp., Appellant, v. Alltrans Express U.S.A., Inc., Respondent, et al., Defendants

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

August 15, 1985

In this action plaintiff landlord seeks to recover sums allegedly due from the defendant lessees as additional rent over an 18-year period by reason of increases in the costs of electricity for which the defendants had covenanted to pay. As there are various issues of fact regarding the obligations of the parties under these covenants, we find that Special Term improperly granted summary judgment dismissing the complaint as to the...

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