Mott Pipe & Supply Corp. v. Blue Ridge Coal Corp.

Plaintiff lessor sues defendant lessee for defendant’s share of city taxes for the year 195A-1955 pursuant to a lease which provides as follows: “the lessee covenants and agrees to and with the lessor to pay or cause to be paid to the lessor all charges for water rates or rents and all taxes, duties and assessments, which may during the said term hereby granted, be charged, assessed or imposed”.

Plaintiff relies on the law as set forth in Wall v. Hess (232 N. Y. 472 [1922]) and Gainsborough Real Estate Corp. v. Kemp Real Estate Co. (207 Misc. 156 [1955]) which hold that where the tenant…