Wellington Tower Associates v. New York First Avenue CVS, Inc.

Order of the Appellate Term of the Supreme Court, First Department, entered February 3, 2003, which reversed the judgment of the Civil Court, New York County (Cynthia Kern, J.), entered June 3, 2002, awarding money and possession to petitioner landlord for respondent tenant’s nonpayment of additional rent, and held that tenant is entitled to the benefit of landlord’s RPTL 421-a tax exemption in the determination of its additional rent obligation, unanimously affirmed, with costs.

*461The subject paragraph, entitled “Tenant’s Tax Payment,” does not evince an unequivocal intent that tenant’s…