Cookery Lafayette, Inc. v. Westerly Co.

Appellate Division of the Supreme Court of New York

Cookery Lafayette, Inc. v. Westerly Co.

2 A.D.2d 970, 157 N.Y.S.2d 581, 1956 N.Y. App. Div. LEXIS 3531

Appellate Division of the Supreme Court of the State of New York·Decided December 18, 1956·Published·Cited by 1 cases

Opinion

The lease is ambiguous concerning the relationship between the parties as to the use of the sidewalk. The true intent of the parties in that respect cannot be determined solely from the lease and other documentary evidence and there was no testimony on this point at the trial. Judgment unanimously [971] reversed and a new trial ordered at which proof should be adduced so that the intention of the parties may be determined, with costs to abide the event. Concur — Botein, J. P., Rabin, Frank, Valente and Bergan, JJ. [3 Misc 2d 296.]

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The lease is ambiguous concerning the relationship between the parties as to the use of the sidewalk. The true intent of the parties in that respect cannot be determined solely from the lease and other documentary evidence and there was no testimony on this point at the trial. Judgment unanimously [971] reversed and a new trial ordered at which proof should be adduced so that the intention of the parties may be determined, with costs to abide the event. Concur — Botein, J. P., Rabin, Frank, Valente and Bergan, JJ. [3 Misc 2d 296.]

Cookery Lafayette, Inc. v. Westerly Co., 2 A.D.2d 970, 157 N.Y.S.2d 581, 1956 N.Y. App. Div. LEXIS 3531 (N.Y. Ct. App. 1956).

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2 A.D.2d 970 (Cookery Lafayette, Inc. v. Westerly Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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