The appellant landlord appealed a decision interpreting a commercial lease.
The motion judge held the tenant was entitled to a rent reduction for increases in real estate taxes and ordered a reference to determine the apportionment of snow removal costs.
The Court of Appeal allowed the appeal in part, finding the lease only protected the tenant from tax increases resulting from a specific 1998 assessment appeal, not from general rate increases.
However, the Court upheld the order for a reference regarding snow removal costs, finding the lease's audit clause did not preclude it.
