From Casetext: Smarter Legal Research

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

Appellate Division of the Supreme Court of New York, First Department
Feb 2, 1993
190 A.D.2d 529 (N.Y. App. Div. 1993)

Summary

In S.B.S. Assoc. v Weissman-Heller, Inc. (190 AD2d 529 [1st Dept 1993]), the trial court determined that the commercial tenant was not obligated to make rent escalation payments pursuant to the terms of the lease unless the landlord actually made rent escalation payments to the owner of the building.

Summary of this case from Adams, Stevens Bradley v. Empire State Bld.

Opinion

February 2, 1993

Appeal from the Supreme Court, New York County (David B. Saxe, J.).


The IAS Court correctly determined that our decision in Fairfax Co. v Whelan Drug Co. ( 105 A.D.2d 647), established that a tax escalator clause is designed to afford relief to a landlord where an increased assessment required actual payment. To hold otherwise would allow the plaintiff-landlord to reap a windfall not envisioned by the parties' agreement.

Concur — Carro, J.P., Rosenberger, Ellerin, Kupferman and Rubin, JJ.


Summaries of

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

Appellate Division of the Supreme Court of New York, First Department
Feb 2, 1993
190 A.D.2d 529 (N.Y. App. Div. 1993)

In S.B.S. Assoc. v Weissman-Heller, Inc. (190 AD2d 529 [1st Dept 1993]), the trial court determined that the commercial tenant was not obligated to make rent escalation payments pursuant to the terms of the lease unless the landlord actually made rent escalation payments to the owner of the building.

Summary of this case from Adams, Stevens Bradley v. Empire State Bld.
Case details for

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

Case Details

Full title:S.B.S. ASSOCIATES, Appellant, v. WEISSMAN-HELLER, INC., Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 2, 1993

Citations

190 A.D.2d 529 (N.Y. App. Div. 1993)
593 N.Y.S.2d 28

Citing Cases

Ran First Associates v. 363 East 76th Street Corp.

" However, with respect to the other tax abatements, the court denied summary judgment finding that…

1100 Ave. of Ams. v. Bryant

As the clause at issue does not explicitly state whether actual payment of the tax by the landlord is a…