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FAY'S INC. v. PETER'S GROCERIES, INC.

227 A.D.2d 970 (1996)

644 N.Y.S.2d 115

Fay's Incorporated, Appellant, et al., Plaintiff, v. Peter's Groceries, Inc., Respondent

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

May 31, 1996

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiff's motion for summary judgment. Plaintiff commenced this action seeking a declaration concerning the computation of rent and other payments due under a commercial lease signed in 1975 and amended twice. We agree with plaintiff that the lease unambiguously provides for a rental increase of 2% based upon an advance in the Consumer Price Index (CPI) of 10%, not 10 points...

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