Legal Opinion
Credit Exchange, Inc. v. 461 Eighth Avenue Associates
New York Court of Appeals
Decided May 28, 1987PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs, and the certified question answered in the affirmative.
We agree with the Appellate Division that triable issues of fact exist as to whether, and to what extent, the increased assessment for the 1985-1986 tax year was attributable to improvements made for the exclusive benefit of the landlord. We view the lease provision at issue in light of the essential purpose of a tax escalation clause in commercial landlord-tenant leases — to pass on to the tenant the proportionate…
2Cases cited4 opinions
- People Ex Rel. International Navigation Co. v. BarkerNew York Court of Appeals · 1897
- People Ex Rel. Hudson River Day Line v. FranckNew York Court of Appeals · 1931
- Wall v. . HessNew York Court of Appeals · 1922
- Marano v. CorbisieroNew York Supreme Court · 1960
3Cited by7 opinions
- 223 West Corp. v. B & D Leistner PropertiesAppellate Division of the Supreme Court of the State of New York · 2005
- 8-14 West 38th Street Corp. v. W. & J. Sloane, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- 1152 First Avenue, LLC v. MNY Holdings Associates, LLCCivil Court of the City of New York · 2003
- Clarke's v. 919 Third Ave. AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
- Enchantments Inc. v. 424 East 9th LLCAppellate Division of the Supreme Court of the State of New York · 2015
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