Whitman Owner Corp. v. 75 Henry Street Garage, Inc.

In an action to declare the rights of the parties with respect to the tax escalation clause of a lease, the parties cross-appeal from a judgment of the Supreme Court, Kings County, entered June 11,1976, which, upon an agreed statement of facts, determined that (1) "tax exemptions obtained by plaintiff shall not be deducted from the real estate taxes of the plaintiff in any year subsequent to the base tax year in determining defendant’s liability under the tax escalation clause” and (2) "the 1968/69 assessment be the valuation to be applied in computing the tax base for the tax escalation…