THEATRE ROW PHASE II ASSOCIATES v. CITY OF NEW YORK


2 A.D.3d 187 (2003)

767 N.Y.S.2d 773

THEATRE ROW PHASE II ASSOCIATES, Appellant, v. CITY OF NEW YORK, Respondent.

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

December 9, 2003.


"Additional rent" was based, in part, on a portion of profits, which consisted of gross revenue less expenses. In determining the profit factor, the IAS court correctly interpreted the unambiguous language of the lease as limiting the tenant's right to include as expenses for a given fiscal year the management fees actually paid in that same fiscal year.

Plaintiff's other contentions are unavailing since they are based upon a misreading of the order. No money...

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