IN THE MATTER OF SOLOW BUILDING COMPANY, LLC v. MORGAN GUARANTY TRUST COMPANY OF NEW YORK


6 A.D.3d 356 (2004)

776 N.Y.S.2d 547

In the Matter of SOLOW BUILDING COMPANY, LLC, Appellant, v. MORGAN GUARANTY TRUST COMPANY OF NEW YORK, Respondent.

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

April 29, 2004.


The dispute involves the calculation of additional rent under an escalation clause that was the subject of a prior arbitration between the parties. That arbitration determined the method of calculation and culminated in a confirmation order that enjoined landlord from using a different method in future years unless "necessitated by changes in the collective bargaining agreement" on which the escalation clause was based and by which landlord was bound (Morgan Guar. Trust...

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