WAVERLY MEWS CORP. v. WAVERLY STORES ASSOCIATES


294 A.D.2d 130 (2002)

741 N.Y.S.2d 826

WAVERLY MEWS CORP., Appellant-Respondent, v. WAVERLY STORES ASSOCIATES, Respondent-Appellant.

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

Decided May 7, 2002.


Defendant subleases various stores pursuant to a 99-year master lease with plaintiff which was executed more than 20 years ago and includes a paragraph which requires defendant to pay its proportionate share of "any increased costs pertaining to common expenses in addition to real estate taxes." A 1991 dispute between the parties over, among other things, the interpretation of this paragraph precipitated a notice to terminate the lease and a Yellowstone action brought...

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