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1100 AVE. OF THE AMERICAS ASSOCS. v. BRYANT IMPS., INC.

234 A.D.2d 101 (1996)

650 N.Y.S.2d 725

1100 Avenue of the Americas Associates, Appellant, v. Bryant Imports, Inc., Respondent

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

December 12, 1996

Although the tax escalation clause does not explicitly state whether actual payment of the property tax by the landlord is a prerequisite to the imposition of additional rent on the tenant, we agree with Appellate Term that to require the tenant to pay additional rent where the obligation to pay the tax has been shifted from the landlord to a third party would result in the landlord "reap[ing] a windfall not envisioned by the parties...

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