Alphonse Hotel Corp. v. 76 Corp.

Appellate Division of the Supreme Court of New York

Alphonse Hotel Corp. v. 76 Corp.

273 A.D.2d 124, 710 N.Y.S.2d 890, 2000 N.Y. App. Div. LEXIS 7116

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 20, 2000

StatusPublished

Cited by13 cases

This text of 273 A.D.2d 124 (Alphonse Hotel Corp. v. 76 Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alphonse Hotel Corp. v. 76 Corp., 273 A.D.2d 124, 710 N.Y.S.2d 890, 2000 N.Y. App. Div. LEXIS 7116 (N.Y. Ct. App. 2000).

Pincite

Opinion

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 (see, East 4th St. Garage v Estate of Berkowitz, 265 AD2d 249), and defendants remain free to demonstrate that a lower rate was actually agreed upon and that the landlord’s actions prevented them from opening their nightclub until March 1999. Concur — Nardelli, J. P., Ellerin, Lerner, Buckley and Friedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

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 (see, East 4th St. Garage v Estate of Berkowitz, 265 AD2d 249), and defendants remain free to demonstrate that a lower rate was actually agreed upon and that the landlord’s actions prevented them from opening their nightclub until March 1999. Concur — Nardelli, J. P., Ellerin, Lerner, Buckley and Friedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

273 A.D.2d 124, 710 N.Y.S.2d 890, 2000 N.Y. App. Div. LEXIS 7116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alphonse-hotel-corp-v-76-corp-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack