239 EAST 79TH OWNERS CORP. v. LAMB 79 & 2 CORP.


30 A.D.3d 167 (2006)

818 N.Y.S.2d 194

239 EAST 79TH OWNERS CORP., Appellant-Respondent, v. LAMB 79 & 2 CORP., Respondent-Appellant.

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

June 1, 2006.


Plaintiff, a residential cooperative corporation, leased its commercial space to defendant, which in turn subleased to three commercial entities. When defendant refused to pay to plaintiff any portion of the real estate tax escalations it had received from the subtenants, plaintiff sued for breach of a contract provision that included in the rent "all escalations and adjustments and other compensation actually paid," except for "water meter charges and similar reimbursements...

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