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WALTON v. EASTERN ANALYTICAL LABS, INC.

246 A.D.2d 532 (1998)

667 N.Y.S.2d 407

Samuel Walton, Doing Business as Gailrach Realty Company, Appellant, v. Eastern Analytical Labs, Inc., Respondent

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

January 12, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

In 1984 the plaintiff landlord and the defendant tenant entered into a lease whereby the defendant agreed to pay additional rent based on increases in the plaintiff's operating expenses over and above the operating expenses in the base year of 1984. After two extensions, the lease expired on October 31, 1995.

Until February 1995, the plaintiff...

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