Allied Clove Lakes Co. v. Demisay

OPINION OF THE COURT

Silverman, J.

Defendant tenant appeals from a grant of partial summary judgment in favor of plaintiff landlord based on an escalation clause in a lease between the parties.

*467In our view, the escalation clause in the lease is not sufficiently unambiguous in its application to the present situation so as to require judgment for plaintiff as a matter of law. We cannot reject the possiblity that properly admissible evidence may show that plaintiff is not entitled to the escalated rent.

The premises are a "health related facility”.

the 1971 lease. The parties entered into a lease…