Federated Associates v. Howard Johnson Co.

In an action to recover damages for breach of a commercial lease, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Levitt, J.), entered December 21, 1987, *532as denied its cross motion for summary judgment and the plaintiff cross-appeals from so much of the same order as denied its motion for summary judgment.

Ordered that the order is affirmed, without costs or disbursements.

The lease which is the subject of this action is ambiguous in several respects and subject to different interpretations. Where the intent of the parties depends upon a choice between…