Legal Opinion

200 Genesee Street Corp. v. City of Utica

New York Court of Appeals

Decided January 10, 2006PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, defendants’ motion for summary judgment granted, and judgment granted declaring that plaintiff is not entitled to 235 “covered” parking spaces under its 1979 contract with the City of Utica.

We agree with Supreme Court that the 1979 contract clearly and unambiguously provides that' defendant agreed to provide plaintiff with up to 235 unreserved and unallocated parking spaces. The contract is silent on the location of those spaces and the number of floors in the parking garage. Inasmuch as the…

2Cases cited2 opinions

  1. Lanza v. WagnerNew York Court of Appeals · 1962
  2. Vermont Teddy Bear Co. v. 538 Madison Realty Co.New York Court of Appeals · 2004

3Cited by12 opinions

  1. Garcia v. New York City Dept. of Health & Mental HygieneNew York Court of Appeals · 2018
  2. La Lanterna, Inc. v. Fareri Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  3. Serrano v. Republic InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  4. American Lending Corp. v. GriggAppellate Division of the Supreme Court of the State of New York · 2020
  5. Sirius American Insurance v. Burlington InsuraceAppellate Division of the Supreme Court of the State of New York · 2011

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