Appellate Division of the Supreme Court of the State of New York May 22, 1980 (Allied Clove Lakes Co. v. Demisay)

OPINION OF THE COURT

Silverman, J.

Defendant tenant appeals from a grant of partial summary judgment in favor of plaintiff landlord based on an escalation clause in a lease between the parties.

*467In our view, the escalation clause in the lease is not sufficiently unambiguous in its application to the present situation so as to require judgment for plaintiff as a matter of law.