Legal Opinion

South Road Associates, LLC v. International Business Machines Corp.

New York Court of Appeals

Decided March 29, 2005PublishedCited by 148 opinions

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

This appeal presents an issue of contract interpretation—the scope of the term “premises” as contained in the “good order and condition” provision of the parties’ lease agreement. Specifically, we address whether “premises” includes the land upon which the buildings are situated or only the buildings’ interior space. We conclude that “premises” as defined in the lease includes only the interior portions of the buildings.

Pursuant to a 1981 agreement between the parties, International Business Machines Corporation (IBM) leased certain space from South Road…

2Cases cited6 opinions

  1. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  2. Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
  3. Vermont Teddy Bear Co. v. 538 Madison Realty Co.New York Court of Appeals · 2004
  4. Wallace v. 600 Partners Co.New York Court of Appeals · 1995
  5. Westmoreland Coal Co. v. Entech, Inc.New York Court of Appeals · 2003

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3Cited by148 opinions

  1. Philip F. Postlewaite and John S. Pennell v. McGraw Inc., Docket No. 04-2095-CvCourt of Appeals for the Second Circuit · 2005
  2. Ophthalmic Surgeons, Ltd. v. Paychex, Inc.Court of Appeals for the First Circuit · 2011
  3. Summit Health, Inc. v. APS Healthcare Bethesda, Inc.District Court, S.D. New York · 2014
  4. Madison Avenue Leasehold, LLC v. Madison Bentley Associates LLCNew York Court of Appeals · 2006
  5. Barclays Capital Inc. v. Giddens (In re Lehman Bros.)District Court, S.D. New York · 2012

143 more not listed; retrieve them via the Exa API.

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