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223 WEST CORP. v. B & D LEISTNER PROPERTIES

21 A.D.3d 810 (2005)

801 N.Y.S.2d 28

223 WEST CORP., Appellant-Respondent, v. B & D LEISTNER PROPERTIES et al., Respondents-Appellants.

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

September 20, 2005.

The motion court correctly found that a tax escalation clause such as the one at issue will not be read to impose responsibility on a tenant for "increases in real estate taxes resulting from improvements on the property redounding solely to the benefit of the landlord," and the addition of new floors to a building is considered such an improvement (see Credit Exch. v. 461 Eighth Ave. Assoc., 69 N.Y.2d 994, 997 [1987]). The city...

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