Legal Opinion
Plaza v. Great Atlantic & Pacific Tea Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 1976PublishedCited by 2 opinions
1Opinion of the CourtCardamone, J.
This appeal involves the construction of a tax escalation clause contained in a lease of real property. The original lease dated January 11, 1955 was drawn on a form printed by the respondent A & P Company. It provided that the owner would construct a store with an adjacent parking lot on land which it owned in Tonawanda, N. Y. in accordance with plans and specifications to be approved by A & P. The printed portion of the lease provided in paragraph 13 that "the lessor will pay any and all taxes assessed or imposed upon the said demised premises.” Immediately following this printed clause the…
2Cases cited12 opinions
- Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955
- William C. Atwater & Co. v. Panama RailroadNew York Court of Appeals · 1927
- Rodolitz v. Neptune Paper Prods.New York Court of Appeals · 1968
- Sattler v. . HallockNew York Court of Appeals · 1899
- Genet v. President, Managers & Co. of Delaware & Hudson Canal Co.New York Court of Appeals · 1900
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3Cited by2 opinions
- Fisher v. Smith (In Re Medico Associates, Inc.)United States Bankruptcy Court, D. Massachusetts · 1980
- Michael A. Welt Associates, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1977