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136 WAVERLY ASSOCS. v. WAVERTREE CORP.

251 A.D.2d 138 (1998)

672 N.Y.S.2d 741

136 Waverly Associates, Appellant, v. Wavertree Corp. et al., Respondents

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

June 16, 1998

Contrary to plaintiff's contention, the clear and unambiguous provisions of the subject commercial lease do not condition plaintiff's obligation to pay its portion of any increase in real estate taxes upon the landlord's prepayment of real estate taxes. Nor does the lease require the landlord to challenge the City's categorization of the...

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