S.B.S. ASSOCIATES v. WEISSMAN-HELLER, INC

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.