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SNUG HARBOR SQUARE VENTURE v. NEVER HOME LAUNDRY, INC.

252 A.D.2d 520 (1998)

675 N.Y.S.2d 365

Snug Harbor Square Venture, Appellant, v. Never Home Laundry, Inc., Respondent

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

July 13, 1998

Ordered that the order is reversed insofar as appealed from, with costs, and the motion is granted.

The parties entered into a 10-year commercial lease which provided for a fixed minimum annual rent and cost of living increases calculated pursuant to a formula. With respect to the cost of living increases, the lease provided that the "[l]andlord agrees that the cost of living increase charged [t]enant * * * shall not exceed...

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