Legal Opinion

Edra Associates v. Deer Park Beauty Corp.

Suffolk County District Court

Decided October 25, 1977PublishedCited by 2 opinions

1Opinion of the CourtMarquette L. Floyd, J.

The petitioner-landlord, successor in interest to the original landlord who negotiated the lease, brings this summary proceeding submitted on agreed statement of facts for nonpayment of rent. Resolution of the controversy rests upon the interpretation of paragraph 55 of the lease agreement which obligates the tenant to pay, as additional rent, a proportionate share of increases in real estate taxes.

Paragraph 55 states: "Tenant shall pay 18% of the amount by which real estate taxes and assessments paid by the Landlord for the Demised Premises for the tax year of December 1, 1975 to November…

2Cases cited4 opinions

  1. Laba v. CareyNew York Court of Appeals · 1971
  2. Bayside Federal Savings & Loan Ass'n v. Cord Meyer Development Co.Appellate Division of the Supreme Court of the State of New York · 1967
  3. Oceantown Realty Corp. v. Great Atlantic & Pacific Tea Co.Long Beach City Court · 1967
  4. Blacharsh v. Cue Variety Stores, Inc.Civil Court of the City of New York · 1972

3Cited by2 opinions

  1. In Re Evelyn Byrnes, Inc.United States Bankruptcy Court, S.D. New York · 1983
  2. Eastern Systems, Inc. v. West 45th Street Industrial Condominiums, Inc. (In Re Eastern Systems, Inc.)United States Bankruptcy Court, S.D. New York · 1989

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