1100 Avenue of the Americas Associates v. Bryant Imports, Inc.

—Order of the Appellate Term of the Supreme Court, First Department, entered June 9,1994, which affirmed an order and judgment of the Civil Court, New York County (Louise Gruner-Gans, J.), both entered on or about May 29, 1992, inter alia, disallowing petitioner-landlord’s claim for additional rent under the real estate tax escalation clause of the subject lease, unanimously affirmed, without costs.

Although the tax escalation clause does not explicitly state whether actual payment of the property tax by the landlord is a prerequisite to the imposition of additional rent on the tenant, we…