CBS INC. v. P.A. BLDG. CO.


200 A.D.2d 527 (1994)

606 N.Y.S.2d 674

CBS Inc., Appellant, v. P.A. Building Company et al., Respondents

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

January 25, 1994


We agree with the IAS Court that there is no ambiguity in the escalation clause of the parties' original lease. Moreover, viewing plaintiff's consistent payment for close to a decade of commercial rent charges, on a "compounded" basis with the inclusion of calculations under an escalation clause derived from the porter wage index, under the original lease (as amended periodically), its renegotiation of the escalation clause for the renewal lease, which resulted in the omission...

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