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WELLINGTON TOWER ASSOCIATES, L.P. v. NEW YORK FIRST AVENUE CVS, INC.

3 A.D.3d 460 (2004)

770 N.Y.S.2d 859

WELLINGTON TOWER ASSOCIATES, L.P., Appellant, v. NEW YORK FIRST AVENUE CVS, INC., Respondent, et al., Respondents.

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

January 29, 2004.

The subject paragraph, entitled "Tenant's Tax Payment," does not evince an unequivocal intent that tenant's additional rent obligation for real estate taxes is to include real estate taxes that are refunded to or otherwise not actually paid by landlord due to an RPTL 421-a abatement. Such an intent is necessary since, as Appellate Term explained, landlord would "reap a windfall" were it permitted to recover additional rent for taxes...

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