Centre Properties Co. v. Arnold Constable Corp.

This action for a declaratory judgment and money damages was tried by this court without a jury. The following facts were established at trial.

On September 8, 1959 plaintiff’s predecessor in title and defendant entered into an agreement under which defendant leased certain premises in West Orange, New Jersey, for use as a department store. The lease specifically provided that it was to be governed by New York law.

The pertinent paragraph of the lease, paragraph 13, provides s follows:

-‘If the real estate taxes for the sixth lease year and any lease year thereafter levied on the demised…