Alphonse Hotel Corp. v. 76 Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Orders, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about April 12, 1999 and May 12, 1999, which, to the extent appealed from as . limited by the brief, granted plaintiff landlord use and occupancy pendente lite from January 1, 1999, at the rate of $32,100 per month, unanimously affirmed, with costs.
The ambiguities in the parties’ lease respecting the amount of rent due each month should be construed against the drafter, here defendant tenants (see, Trief v Elghanayan, 251 AD2d 123). Moreover, the court has broad discretion in awarding use and occupancy pendente lite…
2Cases cited2 opinions
- East 4th Street Garage, Inc. v. Estate of BerkowitzAppellate Division of the Supreme Court of the State of New York · 1999
- Trief v. ElghanayanAppellate Division of the Supreme Court of the State of New York · 1998
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