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.