Legal Opinion
Penquin Tenants Corp. v. Ellenberg
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2006PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered June 16, 2004, which, inter alia, denied defendant Ellenberg’s motion to dismiss the complaint, unanimously affirmed, with costs.
Upon reading the lease as a whole, and giving full force and effect to every provision and in such manner as to avoid contradiction (see National Conversion Corp. v Cedar Bldg. Corp., 23 NY2d 621, 625 [1969]; Zodiac Enters. v American Broadcasting Cos., 81 AD2d 337, 339 [1981], affd 56 NY2d 738 [1982]), the court properly found that Ellenberg failed to demonstrate, as a matter of law, that the…
2Cases cited4 opinions
- National Conversion Corp. v. Cedar Building Corp.New York Court of Appeals · 1969
- Zodiac Enterprises, Inc. v. American Broadcasting Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Zodiac Enters., Inc. v. American Broadcasting Companies, Inc.New York Court of Appeals · 1982
- Standard Chartered Bank v. D. Chabbott, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by1 opinion
- Marine Terrace Associates v. KesoglidesAppellate Terms of the Supreme Court of New York · 2009