Allied Clove Lakes Co. v. Demisay

OPINION OF THE COURT

Edward J. Greenfield, J.

Plaintiff moves for an order pursuant to CPLR 3212, granting partial summary judgment on its first cause of action.

Plaintiff landlord seeks to recover additional rent, pursuant to the terms of a written lease agreement, from the defendant tenant. The subject premises are operated as a nursing home and health related facility. The lease contains a cost-of-living escalator clause. There is no dispute as to whether the cost of living has risen sufficiently to trigger the escalator provision. There is, however, a dispute involving the interpretation of…