Schlossberg v. Fifty East Forty Second Co.

Order, Supreme Court, New York County, entered May 11, 1978, granting plaintiff’s motion pursuant to CPLR 902 determining that the action may be maintained as a class action, unanimously affirmed, with $75 costs and disbursements of this appeal payable to respondent by appellants. We interpret the phrase "rent escalation clause” in the second decretal paragraph as limited to such clauses that are based on tax increases. Concur—Kupferman, J. P., Silverman, Fein, Yesawich and Sandler, JJ.