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Auto Enters. v. Gallagher

Appellate Division of the Supreme Court of New York, First Department
Nov 8, 2007
45 A.D.3d 307 (N.Y. App. Div. 2007)

Opinion

Nos. 1909 B, 14767/06.

November 8, 2007.

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered November 30, 2006, which, to the extent appealed from as limited by the briefs, granted defendants' cross motion to dismiss the complaint pursuant to CPLR 3211 (a) (1), unanimously affirmed, with costs.

Borah, Goldstein, Altschuler Nahins Goidel, P.C., New York (Paul N. Gruber of counsel), for appellant.

Kevin O'Rourke Moore, Hartsdale, for respondents.

Before: Mazzarelli, J.P., Marlow, Williams, Catterson and Kavanagh, JJ.


The court properly dismissed the complaint wherein plaintiff claimed that it did not violate its lease with defendants based on a deficiency in its monthly rent payments. The monthly rent charged by defendants was calculated pursuant to the language of the commercial lease setting forth the formula for computing the cost of living rent increase, which was in clear and unambiguous terms ( see Vermont Teddy Bear Co. v 538 Madison Realty Co., 1 NY3d 470, 475).


Summaries of

Auto Enters. v. Gallagher

Appellate Division of the Supreme Court of New York, First Department
Nov 8, 2007
45 A.D.3d 307 (N.Y. App. Div. 2007)
Case details for

Auto Enters. v. Gallagher

Case Details

Full title:B Z AUTO ENTERPRISES, LLC, Doing Business as RIVER-DALE CHRYSLER JEEP…

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

Date published: Nov 8, 2007

Citations

45 A.D.3d 307 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8358
844 N.Y.S.2d 695