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Kay-Bee Toy Hobby Shops Inc. Pyramid Co.

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1987
126 A.D.2d 703 (N.Y. App. Div. 1987)

Opinion

January 26, 1987

Appeal from the Supreme Court, Westchester County (Isseks, J.).


Ordered that the order is affirmed, with costs.

The renewal clause of the lease is clear and unambiguous. The renewal option specifically limited those areas which were subject to change and provided for a change in the minimum annual rent, but did not provide for any change in the percentage rent. Since the two were not expressly dependent upon each other by the express language of the initial lease, no provision for any change in the percentage rent can be inferred from the documents. Accordingly, the court properly granted the defendant's motion for summary judgment. Bracken, J.P., Lawrence, Eiber and Spatt, JJ., concur.


Summaries of

Kay-Bee Toy Hobby Shops Inc. Pyramid Co.

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1987
126 A.D.2d 703 (N.Y. App. Div. 1987)
Case details for

Kay-Bee Toy Hobby Shops Inc. Pyramid Co.

Case Details

Full title:KAY-BEE TOY HOBBY SHOPS INC., Formerly Known as KAUFMAN BROTHERS, INC.…

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

Date published: Jan 26, 1987

Citations

126 A.D.2d 703 (N.Y. App. Div. 1987)