Legal Opinion
Bakas Restaurant, Inc. v. Charos
Appellate Division of the Supreme Court of the State of New York
Decided May 28, 1985PublishedCited by 2 opinions
1Opinion of the Court
In an action for a declaratory judgment to interpret, inter alia, a rent escalation provision in a commercial lease, plaintiff lessee appeals from a judgment of the Supreme Court, Suffolk County (Geiler, J.), dated June 7, 1984, which, upon a written stipulation of facts, dismissed the complaint and *361granted judgment in favor of the defendants lessors on their counterclaims.
Judgment reversed, on the law, without costs or disbursements, and matter remitted to the Supreme Court, Suffolk County, for a hearing so that the subject lease provision can be interpreted in light of the circumstances,…
2Cases cited14 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- 67 Wall Street Co. v. Franklin National BankNew York Court of Appeals · 1975
- M. O'Neil Supply Co. v. Petroleum Heat & Power Co.New York Court of Appeals · 1939
- St. Regis Paper Co. v. Hubbs & Hastings Paper Co.New York Court of Appeals · 1923
- R. I. Realty Co. v. TerrellNew York Court of Appeals · 1930
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3Cited by2 opinions
- Corning Glass Works v. Southern New England Telephone Co.District Court, W.D. New York · 1987
- Lamacchia v. BlovatAppellate Division of the Supreme Court of the State of New York · 2002