136 Waverly Associates v. Wavertree Corp.

Appellate Division of the Supreme Court of New York

136 Waverly Associates v. Wavertree Corp.

251 A.D.2d 138, 672 N.Y.S.2d 741, 1998 N.Y. App. Div. LEXIS 6903

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 16, 1998

StatusPublished

This text of 251 A.D.2d 138 (136 Waverly Associates v. Wavertree Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

136 Waverly Associates v. Wavertree Corp., 251 A.D.2d 138, 672 N.Y.S.2d 741, 1998 N.Y. App. Div. LEXIS 6903 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered on or about December 4, 1996, which granted defendants’ motion for sum[139]*139mary judgment to the extent of dismissing the second through sixth causes of action of the complaint and granted defendants’ motion for summary judgment on their first counterclaim in the amount of $54,419.47, unanimously affirmed, with costs.

Contrary to plaintiffs contention, the clear and unambiguous provisions of the subject commercial lease do not condition plaintiffs obligation to pay its portion of any increase in real estate taxes upon the landlord’s prepayment of real estate taxes. Nor does the lease require the landlord to challenge the City’s categorization of the tax increases. Concur — Milonas, J. P., Tom, Andrias and Saxe, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered on or about December 4, 1996, which granted defendants’ motion for sum[139]*139mary judgment to the extent of dismissing the second through sixth causes of action of the complaint and granted defendants’ motion for summary judgment on their first counterclaim in the amount of $54,419.47, unanimously affirmed, with costs.

Contrary to plaintiffs contention, the clear and unambiguous provisions of the subject commercial lease do not condition plaintiffs obligation to pay its portion of any increase in real estate taxes upon the landlord’s prepayment of real estate taxes. Nor does the lease require the landlord to challenge the City’s categorization of the tax increases. Concur — Milonas, J. P., Tom, Andrias and Saxe, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

251 A.D.2d 138, 672 N.Y.S.2d 741, 1998 N.Y. App. Div. LEXIS 6903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/136-waverly-associates-v-wavertree-corp-nyappdiv-1998.