Legal Opinion

S.B.S. Associates v. Weissman-Heller, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 1993PublishedCited by 8 opinions

1Opinion of the Court

— Order, Supreme Court, New York County (David B. Saxe, J.), entered June 2, 1992, which, inter alia, denied plaintiff’s motion for summary judgment, and declared that defendant is not obligated to make rent escalation payments pursuant to the terms of the lease between plaintiff as landlord and defendant as tenant unless plaintiff actually makes rent escalation payments to the owner of the building, unanimously affirmed, without costs.

The IAS Court correctly determined that our decision in Fairfax Co. v Whelan Drug Co. (105 AD2d 647), established that a tax escalator clause is designed to…

2Cases cited1 opinion

  1. Fairfax Co. v. Whelan Drug Co.Appellate Division of the Supreme Court of the State of New York · 1984

3Cited by8 opinions

  1. 1100 Avenue of the Americas Associates v. Bryant Imports, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  2. Ran First Associates v. 363 East 76th Street Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  3. 1100 Avenue of the Americas Associates v. Bryant Imports, Inc.Appellate Terms of the Supreme Court of New York · 1994
  4. Rudd v. 176 West 87th Street Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2001
  5. 1100 Avenue of the Americas Associates v. Bryant Imports, Inc.Appellate Terms of the Supreme Court of New York · 1994

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