Westbury Post Avenue Associates v. Great Atlantic & Pacific Tea Co.

Order, Supreme Court, New York County, entered April 8, 1974, denying a motion and cross motion for summary judgment, unanimously modified, on the law, without costs and without disbursements, to grant summary judgment to the plaintiff. The defendant rents a store in Westbury, Long Island, under a lease made with plaintiff’s predecessor in interest, which contains a tax escalation clause reading in part as follows: “ Lessee shall, commencing with the first full year of tax assessment on the herein leased premises * * * reimburse Lessor- for the increase, if any, of its proportionate share of…