MIDDLEBURY OFFICE PARK LTD. P'SHIP v. GEN. DATACOMM INDUS., INC.


248 A.D.2d 313 (1998)

670 N.Y.S.2d 482

Middlebury Office Park Limited Partnership, Appellant, v. General Datacomm Industries, Inc., Respondent

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

March 31, 1998


This matter involves a commercial net leasing arrangement between plaintiff-lessor Middlebury and defendant-lessee General Datacomm (GDC) that was subsequently amended to provide GDC a rent reduction in return for its issuance of warrants to purchase its common stock, pursuant to a separate warrant agreement. Specifically, the original lease, executed in 1984, provided for two forms of rent. The first was a scheduled rent, which initially consisted of a fixed amount but which...

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