CBS Inc. v. P.A. Building Co.

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered November 13, 1992, which, inter alia, granted summary judgment to defendants and dismissed the complaint, unanimously affirmed, without costs.

We agree with the IAS Court that there is no ambiguity in the escalation clause of the parties’ original lease. Moreover, viewing plaintiffs consistent payment for close to a decade of commercial rent charges, on a "compounded” basis with the inclusion of calculations under an escalation clause derived from the porter wage index, under the original lease (as amended periodically), its…