Fay's Inc. v. Peter's Groceries, Inc.

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiff’s motion for summary judgment. Plaintiff commenced this action seeking a declaration concerning the computation of rent and other payments due under a commercial lease signed in 1975 and amended twice. We agree with plaintiff that the lease unambiguously provides for a rental increase of 2% based upon an advance in the Consumer Price Index (CPI) of 10%, not 10 points, as defendant contends. Defendant, however, submitted proof in evidentiary form raising an issue of fact whether the parties’ assignors…