Dorfman v. Sun Luck Restaurant, Inc.
Dorfman v. Sun Luck Restaurant, Inc.
Opinion of the Court
Lewis Dorfman and Jack Harry Stewart commenced a breach of contract action against their tenant, Sun Luck Restaurant, Inc., for payment of property tax pass throughs
Affirmed in part; reversed in part.
. Paragraph 40 of the lease provided that the landlord could "pass through" increases in real property taxes to the tenant as additional rent. This clause stated, in relevant part,
Landlord shall pay all real estate taxes levied and assessed against the shopping center. Nevertheless, if the amount of such taxes shall increase over and above those levied and assessed for the first full year following the commencement of this Lease, Tenant shall pay to Landlord, upon Landlord’s written demand Pro Rata % of the increase as additional rent.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.