Walton Co. v. Rikyu Restaurant Corp.

Appellate Division of the Supreme Court of New York

Walton Co. v. Rikyu Restaurant Corp.

151 A.D.2d 277, 543 N.Y.S.2d 898, 1989 N.Y. App. Div. LEXIS 7381

Appellate Division of the Supreme Court of the State of New York·Decided June 8, 1989·Published

Opinion

Order and judgment (one paper), Supreme Court, New York County (Myriam J. Altman, J.), entered on or about July 11, 1988, and judgment of same court and Justice, entered July 20, 1988, which, inter alia, awarded plaintiff $50,381 in escalation charges on its first cause of action and $20,000 for attorneys’ fees on the third cause of action, unanimously modified, on the law and on the facts and in the exercise of discretion, to the extent of reducing the award of attorneys’ fees to $12,000 and, except as thus modified, affirmed, without costs or disbursements.

We find that the motion court correctly construed and applied the lease’s tax escalation clause, the interpretation of which presented a question of law only. Thus, summary judgment was properly granted. We believe, however, that the award of $20,000 pursuant to tenant’s obligation under the lease to pay the landlord’s reasonable attorneys’ fees is excessive to the extent indicated and modify accordingly. Concur— Sullivan, J. P., Asch, Rosenberger, Wallach and Rubin, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Myriam J. Altman, J.), entered on or about July 11, 1988, and judgment of same court and Justice, entered July 20, 1988, which, inter alia, awarded plaintiff $50,381 in escalation charges on its first cause of action and $20,000 for attorneys’ fees on the third cause of action, unanimously modified, on the law and on the facts and in the exercise of discretion, to the extent of reducing the award of attorneys’ fees to $12,000 and, except as thus modified, affirmed, without costs or disbursements.

We find that the motion court correctly construed and applied the lease’s tax escalation clause, the interpretation of which presented a question of law only. Thus, summary judgment was properly granted. We believe, however, that the award of $20,000 pursuant to tenant’s obligation under the lease to pay the landlord’s reasonable attorneys’ fees is excessive to the extent indicated and modify accordingly. Concur— Sullivan, J. P., Asch, Rosenberger, Wallach and Rubin, JJ.

Walton Co. v. Rikyu Restaurant Corp., 151 A.D.2d 277, 543 N.Y.S.2d 898, 1989 N.Y. App. Div. LEXIS 7381 (N.Y. Ct. App. 1989).

Pincite

151 A.D.2d 277 (Walton Co. v. Rikyu Restaurant Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.