Legal Opinion

Rodolitz v. Neptune Paper Products, Inc.

New York Court of Appeals

Decided July 1, 1968PublishedCited by 22 opinions

1Opinion of the CourtKeating, J.

On July 25,1955 Abraham J. Rodolitz and Neptune Paper Products, Inc. entered into a lease under which Rodolitz agreed to lease- to Neptune certain premises for a plant for the manufacture of paper products. A building, which covers the entire rental area, was under construction by the landlord when the lease was signed and was completed on October 10, 1955. Neptune took possession of the premises under a temporary certificate of occupancy on October 1,1955.

*385The controversy in question arises out of the interpretation of the tax apportionment clause of the lease which reads as follows:

“It * * *…

2Cases cited4 opinions

  1. Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
  2. Raleigh Associates, Inc. v. HenryNew York Court of Appeals · 1951
  3. Wilson Sullivan Co. v. International Paper Makers Realty Corp.New York Court of Appeals · 1954
  4. Friedman v. HandelmanNew York Court of Appeals · 1949

3Cited by22 opinions

  1. Fed. Sec. L. Rep. P 97,956 David Broad v. Rockwell International CorporationCourt of Appeals for the Fifth Circuit · 1981
  2. Rodolitz v. Neptune Paper Prods.New York Court of Appeals · 1968
  3. Metropolitan Life Insurance v. RJR Nabisco, Inc.District Court, S.D. New York · 1989
  4. In Re Holocaust Victim Assets LitigationDistrict Court, E.D. New York · 2000
  5. Pan Am Corp. v. Delta Air Lines, Inc.District Court, S.D. New York · 1994

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