AMERICAN BUILDING MAINTENANCE CO. OF NEW YORK, INC. v. SOLOW MANAGEMENT CORPORATION


7 A.D.3d 331 (2004)

776 N.Y.S.2d 267

AMERICAN BUILDING MAINTENANCE CO. OF NEW YORK, INC., Respondent, v. SOLOW MANAGEMENT CORPORATION, Appellant.

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

May 11, 2004.


At issue is the interpretation of the escalation clause, paragraph 23, contained in three identical 1987 contracts assumed by plaintiff in 1997 and calling for the provision of janitorial services to three of defendant's buildings. Each contract contains a schedule of the "actual current costs to perform this Contract for the year 1987." The schedule is used to derive the cost of providing cleaning services based on the staffing required to clean the specified building at...

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