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AGIP PETROLEUM CO., INC. v. 666 FIFTH AVENUE LIMITED PARTNERSHIP

297 A.D.2d 483 (2002)

746 N.Y.S.2d 717

AGIP PETROLEUM CO., INC., Respondent, v. 666 FIFTH AVENUE LIMITED PARTNERSHIP et al., Appellants.

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

Decided September 5, 2002.

Defendants 666 Fifth Avenue Limited Partnership and 666 Fifth, L.P. are the former owner and current owner, respectively, of the building known as 666 Fifth Avenue in the Borough of Manhattan. Plaintiff is the tenant of part of the fifth floor, having entered into a lease dated September 11, 1979, amended March 3, 1993, which provided for the payment of a base annual rental plus certain rent escalation charges. Pursuant to paragraph 28 of the lease, the fixed rent was increased...

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