Legal Opinion
Vermont Teddy Bear Co. v. 538 Madison Realty Co.
New York Court of Appeals
Decided March 25, 2004PublishedCited by 341 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
After substantial damage occurred to its retail store, the tenant in this case terminated its lease on the ground that the building owner had failed to provide timely written notice that the premises had been restored and were ready for occupancy. The courts below agreed with the tenant that the lease required the owner to give such notice. Because our longstanding contract interpretation principles prohibit us from adding a missing term to an unambiguous lease, we reverse the order of the Appellate Division and deny the tenant’s motion for summary judgment.
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2Cases cited6 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Rowe v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1978
- Reiss v. Financial Performance Corp.New York Court of Appeals · 2001
- 532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc.New York Court of Appeals · 2001
- Wallace v. 600 Partners Co.New York Court of Appeals · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by341 opinions
- Beal Savings Bank v. SommerNew York Court of Appeals · 2007
- South Road Associates, LLC v. International Business Machines Corp.New York Court of Appeals · 2005
- Riverside South Planning Corp. v. CRP/Extell Riverside, L.P.New York Court of Appeals · 2009
- Brad H. v. City of New YorkNew York Court of Appeals · 2011
- 10 Ellicott Square Court Corp. v. Mountain Valley Indemnity Co.Court of Appeals for the Second Circuit · 2010
336 more not listed; retrieve them via the Exa API.