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BOMBAY REALTY v. MAGNA CARTA

100 N.Y.2d 124 (2003)

790 N.E.2d 1163

760 N.Y.S.2d 734

In the Matter of BOMBAY REALTY CORPORATION, Respondent, v. MAGNA CARTA, INC., Respondent, and CELLULAR 2000 AND BEYOND, LLC, Appellant.

Court of Appeals of the State of New York.

Decided May 6, 2003.

Attorney(s) appearing for the Case

Mandel Clemente & Associates, P.C., Albany (Linda A. Mandel Clemente of counsel), for appellant.

Michael J. Hutter, Jr., Albany, and Goldberg & Gottheim for Bombay Realty Corporation, respondent.

Chief Judge KAYE and Judges CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

SMITH, J.

The issue here is the method of calculating additional rent pursuant to a sublease agreement.

Bombay Realty Corporation owns property located at 201 Wolf Road, Town of Colonie. In 1975, it leased the property to Colonie Seafood Shoppe, Inc. for a period of 20 years, with two automatic five-year extensions. In 1991, Colonie subleased the property to Magna Carta Restaurants, Inc. for a period of approximately 16 years...

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