Oceantown Realty Corp. v. Great Atlantic & Pacific Tea Co.

Both parties hereto, agreeing that “ there are no triable issues of fact ”, move for summary judgment in this action to recover additional rent payable under a tax increase clause.

It is true that defendant has somewhat hedged this concession by a conditional reliance on the rule of ‘£ practical construction ’ ’. Since, however, defendant has agreed that this rule does not come into play unless the clause in question is first found to be *503ambiguous, which this court is convinced it is not, only a question of law is here required to be resolved.

On April 16, 1959 the parties hereto entered into a…