Legal Opinion
J. C. Penney Co. v. 1700 Broadway Co.
New York Supreme Court
Decided June 13, 1980PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Martin Evans, J.
In this action for a declaratory judgment, plaintiff subtenant J. C. Penney Co., Inc., seeks a judicial construction of the real estate tax escalation clause contained in a prime lease, which it assumed by its sublease. Defendant landlord 1700 Broadway Company moves for summary judgment.
The controversy at bar arises out of the construction of a 42-story office building on the block bounded by Broadway and Seventh Avenue and 53rd and 54th Streets in New York County. While the building was still under construction, landlord entered into negotiations with…
2Cases cited9 opinions
- George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
- Laba v. CareyNew York Court of Appeals · 1971
- Colton v. New York HospitalNew York Supreme Court · 1979
- Matter of BurkeNew York Court of Appeals · 1875
- Frank B. Hall & Co. of New York, Inc. v. Orient Overseas AssociatesNew York Court of Appeals · 1979
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3Cited by5 opinions
- Frank B. Hall & Co. v. Alexander & Alexander, Inc.Court of Appeals for the Eighth Circuit · 1992
- Urbach v. 250/ PAS AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
- Meyers Parking System, Inc. v. 475 Park Avenue So. Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Fair Oak, LLC v. Greenpoint Financial Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Frank B. Hall & Co., Inc., and Frank B. Hall Insurance Brokers, Inc. v. Alexander & Alexander, Inc., J. Philip Starr Danny O. Rose Frank B. Hall & Co., Inc. v. Alexander & Alexander, Inc.Court of Appeals for the Eighth Circuit · 1992