Summary
In H.L. Klion, Inc. v. Venimore Bldg. Corp. (15 N.Y.2d 601) the tax apportionment clause of the lease provided that the tenant would pay any increases in taxes "above the taxes which shall be due and payable for the tax years during which the premises as improved shall be first assessed". (Emphasis added.)
Summary of this case from Rodolitz v. Neptune Paper ProdsOpinion
Argued October 12, 1964
Decided November 19, 1964
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, EDWARD ROBINSON, JR., J.
Jacob W. Abraham for appellant-respondent.
Milton Pinkus for respondent-appellant.
Order modified, with costs in all courts to plaintiff, and matter remitted to Special Term for the entry of a declaratory judgment in favor of plaintiff on the complaint and for dismissal of the counterclaims, and, as so modified, affirmed for the reasons stated in the dissenting opinion of the Appellate Division.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.