Airport Lodge of Rochester, Inc. v. Brooks-Buell, Inc.

This controversy has been submitted on an agreed statement of facts and a stipulation by counsel as to additional facts requested by me, pursuant to CPLR 3222.

The background against which this controversy arises is clear and uncomplicated. In December of 1965 the plaintiff, Airport Lodge of Rochester, Inc., as tenant, and the defendant, BrooksBuell, Inc., as landlord, entered into a written 99-year lease beginning January 1, 1966 and ending December 31, 2064. The lease provides for an annual net rental of $16,000, payable in monthly installments of $1,333.33. The tenant pays all taxes and…