City of New York v. Long Island Airports Limousine Service Corp.

Weiss and Levine, JJ.,

dissent and vote to affirm in the following memorandum by Levine, J. Levine, J. (dissenting). We are presented here with a simple and unambiguous contract in which the agreed upon reciprocal performances of the parties are clearly identified. Under the agreement, the city consented to LIALS’ operation of routes for a term of almost 10 years. In return LIALS agreed to make periodic payments based upon a percentage of its receipts. LÍALS also agreed, however, that should it continue to operate routes after the termination of the city’s contractual obligation to consent…