Gebhardt v. Ellis

Appellate Division of the Supreme Court of New York

Gebhardt v. Ellis

256 A.D.2d 22, 680 N.Y.S.2d 844, 1998 N.Y. App. Div. LEXIS 12903

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

DecidedDecember 1, 1998

StatusPublished

This text of 256 A.D.2d 22 (Gebhardt v. Ellis) 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

Gebhardt v. Ellis, 256 A.D.2d 22, 680 N.Y.S.2d 844, 1998 N.Y. App. Div. LEXIS 12903 (N.Y. Ct. App. 1998).

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Opinion

—Order, Supreme Court, New York County (Richard Braun, J.), entered on or about January 5, 1998, which, insofar as appealed from, granted plaintiff tenants summary judgment declaring that the provision in the parties’ settlement agreement for a 10% increase in rent over the Rent Guidelines Board increase is applicable only to the first renewal lease of the tenants’ immediate assignee and not to the assignee’s subsequent renewal leases, unanimously affirmed, with costs.

We agree with the IAS Court that the language of the provision in issue is unambiguous and limited to an assignee’s first renewal lease. Concur — Sullivan, J. P., Rosenberger, Wallach and Tom, JJ.

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—Order, Supreme Court, New York County (Richard Braun, J.), entered on or about January 5, 1998, which, insofar as appealed from, granted plaintiff tenants summary judgment declaring that the provision in the parties’ settlement agreement for a 10% increase in rent over the Rent Guidelines Board increase is applicable only to the first renewal lease of the tenants’ immediate assignee and not to the assignee’s subsequent renewal leases, unanimously affirmed, with costs.

We agree with the IAS Court that the language of the provision in issue is unambiguous and limited to an assignee’s first renewal lease. Concur — Sullivan, J. P., Rosenberger, Wallach and Tom, JJ.

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Bluebook (online)

256 A.D.2d 22, 680 N.Y.S.2d 844, 1998 N.Y. App. Div. LEXIS 12903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gebhardt-v-ellis-nyappdiv-1998.