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ANAVRITI RESTAURANT CORP. v. 757 THIRD AVENUE, L. L. C.

272 A.D.2d 208 (2000)

708 N.Y.S.2d 293

ANAVRITI RESTAURANT CORP., Respondent, v. 757 THIRD AVENUE, L. L. C., Appellant.

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

Decided May 18, 2000.

The court properly determined that the subject lease was not ambiguous (see, Kass v Kass, 91 N.Y.2d 554, 566-567), and that, pursuant to the plain and ordinary meaning of its terms, defendant, upon the sale of the premises, was only entitled to the rent increases set forth in lease paragraph 12 (R).

We have considered defendant's remaining contention and find it to...

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