EXECUTIVE OFFICE NETWORK, LTD. v. 666 FIFTH AVENUE LIMITED PARTNERSHIP


294 A.D.2d 166 (2002)

742 N.Y.S.2d 36

EXECUTIVE OFFICE NETWORK, LTD., Respondent, v. 666 FIFTH AVENUE LIMITED PARTNERSHIP, Appellant.

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

Decided May 14, 2002.


At issue on this appeal is the treatment to be accorded a lease provision for the incorporation of the tenant's share of operating expenses into the rent adjustment provision. Specifically, the parties dispute whether the tenant is entitled to a reduction in rent due to a decline in operating expenses since the rent was previously calculated for the prior lease term. In large measure, the problem stems from the failure of the lease to distinguish base rent (fixed rent) from...

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