RAPID 89TH ST. CORP. v. GELODA/BRIARWOOD CORP.


170 A.D.2d 393 (1991)

Rapid 89th Street Corp., Respondent, v. Geloda/Briarwood Corp., Appellant

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

February 28, 1991


Plaintiff leases a parking garage from defendant in a condominium development. The sole issue raised on appeal concerns the construction of paragraph 44 (a) (ii) of the lease which provides: "(ii) Tenant agrees to pay to Landlord, as and for additional rent hereunder, all Real Estate Taxes with respect to every Tax Year or part thereof during the term of this Lease; provided, however, to the extent Real Estate Taxes, as finally determined for the Tax Year beginning July 1...

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