CREDIT EXCH v. 461 EIGHTH AVE


119 A.D.2d 216 (1986)

Credit Exchange, Inc., Appellant, v. 461 Eighth Avenue Associates, Respondent

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

September 9, 1986


Attorney(s) appearing for the Case

Glenn Backer of counsel (Dahan & Nowick, attorneys), for respondent.

Herbert L. Finkelstein of counsel (Jaffin, Schneider & Conrad, attorneys), for appellant.

MURPHY, P. J., CARRO, ROSENBERGER and WALLACH, JJ., concur.


LYNCH, J.

The plaintiff was the lessee of the twentieth floor of 5 Penn Plaza under a series of leases commencing in 1955. Its latest lease was executed on August 27, 1979 with the defendant's predecessor in title, to expire on December 2, 1985. The rent included a proportional payment of real property tax increases as follows: were the taxes on the land and building to be increased beyond $203,342.50 annually...

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