Legal Opinion
Kenilworth Realty Trust v. Bankers Trust Co.
New York Supreme Court
Decided January 25, 1982PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Beatrice Shainswit, J.
This is a dispute over the interpretation and application of a wage escalation clause in a lease dated December 19, 1956 — more than 25 years ago. Plaintiff is a former owner of the office building at 750 Third Avenue, the second of three owners since defendant tenant leased the space in 1956. Plaintiff claims that, for the eight years of its ownership, it had overlooked billing for increased rentals due under the wage escalation clause. This mistake in billing, according to plaintiff, had existed for about 25 years, i.e., since the commencement of…
2Cases cited4 opinions
- 67 Wall Street Co. v. Franklin National BankNew York Court of Appeals · 1975
- Reltron Corp. v. Voxakis Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Ditmars-31' Street Development Corp. v. PuniaAppellate Division of the Supreme Court of the State of New York · 1962
- Refrigeration for Science, Inc. v. Deacon Realty Corp.New York Supreme Court · 1972
3Cited by2 opinions
- CBS Inc. v. P.A. Building Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Brownsville Community Council, Inc. v. Banco De PonceDistrict Court, S.D. New York · 1983