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S.B.S. ASSOCS. v. WEISSMAN-HELLER, INC.

190 A.D.2d 529 (1993)

S.B.S. Associates, Appellant, v. Weissman-Heller, Inc., Respondent

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

February 2, 1993

The IAS Court correctly determined that our decision in Fairfax Co. v Whelan Drug Co. (105 A.D.2d 647), established that a tax escalator clause is designed to afford relief to a landlord where an increased assessment required actual payment. To hold otherwise would allow the plaintiff-landlord to reap a windfall not envisioned by the parties...

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