Carl Ally, Inc. v. Mahoney, Cohen & Co.

Judgment, Supreme Court, New York County, entered February 19, 1974, unanimously modified, on the law, to strike therefrom the provision for counsel fee and otherwise affirmed for the reasons set forth in the decision of the Supreme Court, without costs and without disbursements. Plaintiff-respondent, a lessee of space under a prime lease containing escalation clauses for increase in operational wages and real estate taxes, with separate base years for each category, subleased space to defendant-appellant under a written agreement, which contained a provision effectually as far as this…