TOP-ALL VARIETIES, INC. v. RAJ DEV. CO.


151 A.D.2d 470 (1989)

Top-All Varieties, Inc., Doing Business as Toys & Sports Warehouse, Respondent, v. Raj Development Co. et al., Appellants

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

June 5, 1989


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The plaintiff is a commercial tenant which has operated a toy and sporting goods store in a shopping center owned by the defendants since 1978. The plaintiff's store is not equipped with an individual water meter, and throughout its tenancy it has received steadily increasing semiannual bills for water usage from the defendants. In November 1987, following an increase in its semiannual...

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