NOYES CO v. STANDARD INDS


85 Misc.2d 853 (1976)

Charles F. Noyes Company, Inc., Respondent, v. Standard Industries, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

February 11, 1976


Attorney(s) appearing for the Case

Burns & Jacoby (Guy R. Fairstein and Stephen DiLinett of counsel), for appellant. Goldstein, Shames & Hyde (Edwin L. Schwartz of counsel), for respondent.

Concur: DUDLEY, J. P., HUGHES and RICCOBONO, JJ.


Per Curiam.

By the terms of the renewal lease executed by the parties, if the tenant was in default in the payment of rent pursuant to the provisions of their expiring lease, the landlord was empowered "to add the amount of such arrearages to any monthly installment of rent payable hereunder and the same shall be payable to landlord as additional rent". In view of this clause in the subsequent lease, as amplified by paragraph 35 thereof, it is beyond contradiction...

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