Opinion
2007-962 K C.
Decided October 30, 2008.
Appeal from an order of the Civil Court of the City of New York, Kings County (Arlene Bluth, J.), entered December 21, 2006. The order granted defendant's motion to dismiss the complaint.
Order affirmed without costs.
PRESENT: GOLIA, J.P., RIOS and STEINHARDT, JJ.
In this action to recover real estate taxes allegedly overpaid by plaintiff to defendant under a commercial lease agreement, the Civil Court properly determined that, viewing the lease in its entirety, as well as the specific provisions in question, plaintiff was obligated thereunder to pay 100% of the real estate tax escalations. We have examined plaintiff's other contentions and find them to be without merit.
Golia, J.P., Rios and Steinhardt, JJ., concur.