Rubber Corp. of America v. Chalfin

In an action for judgment declaring that plaintiff, a tenant under a written lease, is not obligated to pay sewer rents, and for the recovery of such payments as were theretofore made by plaintiff, order denying plaintiff’s motion for judgment on the pleadings, and dismissing the complaint on the merits, modified by striking out the provision thereof which dismisses the complaint on the merits, and as so modified, affirmed, without costs. Liability for payment of sewer rents was not specifically imposed on plaintiff by the terms of the lease, and no additional liability may be imposed, unless…