PROVIDENT LOAN SOCIETY OF NEW YORK v. 190 EAST 72ND STREET CORPORATION

3599, 114195/08.

78 A.D.3d 501 (2010)

911 N.Y.S.2d 308

THE PROVIDENT LOAN SOCIETY OF NEW YORK, Appellant, v. 190 EAST 72ND STREET CORPORATION, Respondent.

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

Decided November 16, 2010.


Plaintiff landlord's first cause of action seeking a declaration of equitable relief was properly dismissed, inasmuch as the "reappraisal" dispute between the parties was governed by the clear, unambiguous terms of their agreement. The parties were sophisticated entities represented by counsel when they entered into a 75-year commercial lease that called for the annual rent to be determined by a specified percentage of the appraised value of the property, which would be determined...

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