Leighton's Inc. v. Century Circuit, Inc.

Silverman and Fein, JJ.,

dissent in a memorandum by Fein, J., as follows: I would affirm for the reasons stated by Justice William P. McCooe at Special Term. Unlike the majority, I do not find the language of the lease ambiguous. Where the language of a lease is clear and unambiguous, its plain meaning should govern its interpretation. A restrictive interpretation which achieves an unreasonable result is not justified (Morlee Sales Corp. v Manufacturers Trust Co., 9 NY2d 16; R.I. Realty Co. v Terrell, 254 NY 121, 124-125). It is inappropriate to go further than the contract itself where the…