ARCHDIOCESE OF NEW YORK v. AMEDEO HOTELS LIMITED PARTNERSHIP


295 A.D.2d 161 (2002)

742 N.Y.S.2d 635

ARCHDIOCESE OF NEW YORK, Respondent, v. AMEDEO HOTELS LIMITED PARTNERSHIP, Appellant.

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

Decided June 11, 2002.


The motion court properly determined that the provision in the subject ground lease which states that, in an appraisal for purposes of fixing rent, the appraiser must regard the land "as vacant, unimproved and unencumbered by this lease," precludes consideration by the appraisers of the use restrictions upon the leased property at issue, since those restrictions are inextricable from the existence of buildings, and are therefore excluded from consideration by the words "vacant...

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