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B & Z AUTO ENTERPRISES, LLC v. GALLAGHER

45 A.D.3d 307 (2007)

844 N.Y.S.2d 695

B & Z AUTO ENTERPRISES, LLC, Doing Business as RIVERDALE CHRYSLER JEEP, Appellant, v. JOHN J. GALLAGHER et al., Respondents.

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

Decided November 8, 2007.

The court properly dismissed the complaint wherein plaintiff claimed that it did not violate its lease with defendants based on a deficiency in its monthly rent payments. The monthly rent charged by defendants was calculated pursuant to the language of the commercial lease setting forth the formula for computing the cost of living rent increase, which was in clear and unambiguous terms (see Vermont Teddy Bear Co. v 538 Madison Realty Co., 1 N.Y.3d...

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