MURRAY HILL MEWS OWNERS CORP. v. RIO RESTAURANT ASSOCIATES L.P.

6727, 570055/10.

92 A.D.3d 453 (2012)

938 N.Y.S.2d 59

2012 NY Slip Op 829

MURRAY HILL MEWS OWNERS CORP., Appellant, v. RIO RESTAURANT ASSOCIATES L.P., Respondent.

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

Decided February 7, 2012.


There is no ambiguity in the rent escalation clause of the parties' lease (see Greenfield v Philles Records, 98 N.Y.2d 562, 569-570 [2002]). Pursuant to the plain terms of the clause, the fixed rental is a changing, not static, figure to be used in determining annual rent increases, including increases based on changes in the consumer price index. This interpretation of the clause best accords with the remainder of the lease (

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