Time Warner Entertainment Co. v. Brustowsky

—Judgment, Supreme Court, New York County (Edward Lehner, J., and a jury), entered May 19, 1994, which dismissed the complaint, unanimously affirmed, with costs.

The trial court, in charging the jury, properly required the jury to interpret and determine the fair and reasonable meaning of the term "hazardous substances” as used in the lease between the parties. This Court specifically determined, on a prior appeal, that the lease provision at issue was ambiguous and that the parties’ intent with respect thereto must be resolved at trial (Manhattan Cable Tel. v Brustowsky, 191 AD2d 253, 254).…