S.B.S. Assocs. v. Weissman-Heller, Inc

In S.B.S. Assocs. v. Weissman-Heller, Inc. (190 A.D.2d 529 [1st Dept 1993]), the trial court determined that the commercial tenant was not obligated to make rent escalation payments pursuant to the terms of the lease unless the landlord actually made rent escalation payments to the owner of the building. In so doing, the First Department stated: to "hold otherwise would allow the plaintiff-landlord to reap a windfall not envisioned by the parties' agreement" (id. at 529-30).