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Fund v. Madison Company

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 2008
849 N.Y.S.2d 557 (N.Y. App. Div. 2008)

Opinion

No. 2628.

January 29, 2008.

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered August 18, 2006, which, to the extent appealed from, denied defendant landlord's motion for summary judgment on the issue of rent arrears, and granted plaintiff tenant's cross motion for summary judgment in its favor, unanimously affirmed, with costs.

Kaye Scholer LLP, New York (Richard C. Seltzer of counsel), for appellant.

Fischman Fischman, New York (Doreen J. Fischman of counsel), for respondent.

Before: Lippman, P.J., Mazzarelli, Gonzalez, Sweeny and Acosta, JJ.


The lease between the parties provides that possession of the premises should be given to the tenant upon lease signing, but no later than May 1, 2000, and that rent should commence three months after lease signing, but no later than August 1, 2000. However, lease signing and possession did not occur by May 1, 2000. In these circumstances, the court correctly found that the lease clause providing for three months rent-free is reasonably susceptible of more than one interpretation and that therefore the lease is ambiguous ( see Chimart Assoc. v Paul, 66 NY2d 570, 573).

Reading the disputed provision as a whole ( see Williams Press v State of New York, 37 NY2d 434, 440), the court correctly interpreted it as an expression of the parties' intent to provide for a three-month rent concession. The court also properly considered the term sheet of the lease and defendant's failure to bill or sue plaintiff for the rent for the months at issue and found that they supported this interpretation ( see Korff v Corbett, 18 AD3d 248, 251; Empire Mut. Ins. Co. v Applied Sys. Dev. Corp., 121 AD2d 956, 960).

We have considered defendant's remaining contentions and find them unavailing.


Summaries of

Fund v. Madison Company

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 2008
849 N.Y.S.2d 557 (N.Y. App. Div. 2008)
Case details for

Fund v. Madison Company

Case Details

Full title:WORLD MONUMENTS FUND, INC., Respondent, v. NINETY-FIVE MADISON COMPANY,…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 29, 2008

Citations

849 N.Y.S.2d 557 (N.Y. App. Div. 2008)
47 A.D.3d 547
2008 N.Y. Slip Op. 569

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