Clarke's v. 919 Third Ave. Associates

Order, Supreme Court, New York County (William Davis, J.), entered on December 4, 1990, which, inter alia, granted the defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Under the plain meaning of the lease (see, Martin v Glenzan Assocs., 75 AD2d 660), plaintiff is responsible for 11% of the real estate taxes attributable to the land consisting of 13 specifically identified lots, 12 of which were assembled by defendants and used for the construction of a high-rise office building. Since the tenant is responsible only for real estate taxes…