Legal Opinion
Citibank v. 666 Fifth Avenue Ltd. Partnership
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 2003PublishedCited by 11 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Edward Lehner, J), entered December 4, 2002, after a nonjury trial, dismissing the complaint in this breach of contract action, unanimously affirmed, with costs.
The lease provisions at issue, respecting the effect of real estate tax decreases on the rent paid by plaintiff lessee to defendant landlord, were properly found ambiguous (see Executive Off. Network v 666 Fifth Ave. Ltd. Partnership, 294 AD2d 166 [2002]). The ambiguities are not, however, to be construed against defendant by reason of its having drafted the initial version of the leases,…
2Cases cited3 opinions
- 67 Wall Street Co. v. Franklin National BankNew York Court of Appeals · 1975
- Andon v. 302-304 Mott Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
- Executive Office Network, Ltd. v. 666 Fifth Avenue Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by11 opinions
- Shadlich v. Rongrant Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Science Applications International Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- Unique Laundry Corp. v. Hudson Park NY LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Kramer Levin Naftalis & Frankel, LLP v. Metropolitan 919 3rd Avenue, LLCNew York Supreme Court · 2004
- Transformational Strategies Consulting, Inc. v. ACS State Healthcare, LLCDistrict Court, District of Columbia · 2007
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