Fairfax Co. v. Whelan Drug Co.

Order, Supreme Court, New York County (Robert E. White, J.), entered July 27, 1983, which denied the motion of plaintiff-appellant-respondent Fairfax and the cross motion of defendant-respondent-appellant Whelan for summary judgment, is modified, on the law, without costs, to the extent of granting summary judgment to defendant Whelan and dismissing the complaint and counterclaim, and otherwise affirmed.

This action is for a declaratory judgment determining the rights of the parties under a tax escalation clause contained in a 1976 lease of commercial premises owned by Fairfax and occupied by…