FAIR OAK, LLC v. GREENPOINT FINANCIAL CORP.


26 A.D.3d 458 (2006)

810 N.Y.S.2d 504

FAIR OAK, LLC, Appellant, v. GREENPOINT FINANCIAL CORP., Respondent.

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

February 28, 2006.


Ordered that the order is affirmed insofar as appealed from, with costs.

In November 1995 the defendant, as tenant, entered into a commercial lease with the plaintiff's predecessor-in-interest, Triad IV Associates (hereinafter Triad), as landlord. The lease contained a real estate tax escalation clause, which provided that the defendant would pay as additional rent a portion of any increase in the amount of real estate taxes for a tax year resulting, inter alia, from...

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