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M.B.S. LOVE UNLIMITED, INC. v. JACLYN REALTY ASSOCS.

215 A.D.2d 537 (1995)

626 N.Y.S.2d 504

M.B.S. Love Unlimited, Inc., Appellant, v. Jaclyn Realty Associates, Respondent

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

May 15, 1995

Ordered that the order is affirmed, with costs.

The plaintiff is a commercial tenant in premises owned by the defendant landlord. Although paragraph 33 of the lease between the parties required the tenant to pay as rent a percentage of any increase in real estate taxes over a specified period of time, paragraph 40 excluded any such increase which, inter alia, was due to "the construction by other than the [t]enant...

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