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F.S. Assoc., Inc. v Jandi Realty, LLC
2008 NY Slip Op 52205(U) [21 Misc 3d 135(A)] [21 Misc 3d 135(A)]
Decided on October 30, 2008
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 30, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : GOLIA, J.P., RIOS and STEINHARDT, JJ
2007-962 K C.

F.S. Associates, Inc., Appellant,

against

Jandi Realty, LLC, Respondent.


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.

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.
Decision Date: October 30, 2008