Blair v. Five Points Shopping Plaza, Inc.

This appeal is submitted to the court on an agreed statement of facts pursuant to CPLR 5527. The primary question before the trial court was whether or not the plaintiffs as tenants were liable to the landlord-appellant for certain repairs which the landlord caused to be made to a common parking lot at a shopping plaza. The determination of the issue was dependent upon the provisions of a leasehold agreement between the parties. The trial court found some ambiguity in the leasehold agreement as to the plaintiffs’ liability for such repairs; thereupon interpreted the agreement; and found that…