Rudd v. 176 West 87th Street Owners Corp.

—Judgment, Supreme Court, New York County (Franklin Weissberg, J.), entered September 13, 2000, awarding plaintiff tenants a credit against the rent they owe defendant landlord, and bringing up for review an order which, upon conversion of the landlord’s motion to dismiss the complaint to a motion for summary judgment, declared that under the parties’ commercial lease calling for the tenants’ payment of a specified share of any real estate tax escalations against the building, the tenants are entitled to a refund of rent representing their proportionate share of a real estate tax refund that…