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

In an action by a commercial tenant, inter alia, to declare the tax escalation clause of a written lease to be unconscionable within the meaning of section 235-c of the Real Property Law, the appeal is from a judgment of the Supreme Court, Kings County, dated April 3, 1980, which, after a nonjury trial, was in favor of the defendant. Judgment affirmed, with costs. The referee properly determined that the instant action was barred by the doctrine of res judicata due to the judgment in a prior declaratory judgment action between the parties involving the interpretation of the same tax…