8-14 W. 38TH ST. CORP. v. W. & J. SLOANE, INC.


181 A.D.2d 545 (1992)

8-14 West 38th Street Corp., Appellant, v. W. & J. Sloane, Inc., Respondent

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

March 19, 1992


The sublease at issue provided for an initial term of six years eight months (a total of eighty months) and two five year renewal terms at plaintiff subtenant's option. One of the components of rent for the initial term, but not for the renewal terms, was "additional basic rent". Literally interpreted, the provision of the sublease requiring payment of $40,760.56 a month as "additional basic rent" "[c]ommencing the fifty-fifth...

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