Hellenic Greek Orthodox Church of St. George v. City of Schenectady

Appellate Division of the Supreme Court of New York

Hellenic Greek Orthodox Church of St. George v. City of Schenectady

81 A.D.2d 959, 439 N.Y.S.2d 716, 1981 N.Y. App. Div. LEXIS 11695

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

DecidedMay 14, 1981

StatusPublished

Cited by2 cases

This text of 81 A.D.2d 959 (Hellenic Greek Orthodox Church of St. George v. City of Schenectady) 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

Hellenic Greek Orthodox Church of St. George v. City of Schenectady, 81 A.D.2d 959, 439 N.Y.S.2d 716, 1981 N.Y. App. Div. LEXIS 11695 (N.Y. Ct. App. 1981).

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Opinion

— Appeal from an order of the Supreme Court at Special Term, entered December 14, 1979 in Schenectady County, which granted defendant’s motion to dismiss the complaint. Defendant moved for a dismissal of plaintiff’s complaint demanding specific performance of an agreement to lease property and payment of rent arrearages of $25,000. Special Term granted defendant’s motion pursuant to CPLR 3211 (subd [a], par 7) for plaintiff’s failure to state a cause of action. The crux of this case revolves around the construction of a contract; to wit, whether the agreement between the parties was an option or a lease. The contract in question contains some terms that are indicative of an option and others indicative of a lease. Where a contract contains ambiguities which need to be resolved on the merits by a finder of facts, such issues should not be resolved by pretrial motion (Airco Alloys Div. v Niagara Mohawk Power Corp., 76 AD2d 68). Order reversed, on the law, with costs, and motion to dismiss complaint denied. Main, J.P., Casey, Mikoll, Yesawich, Jr., and Weiss, JJ., concur.

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— Appeal from an order of the Supreme Court at Special Term, entered December 14, 1979 in Schenectady County, which granted defendant’s motion to dismiss the complaint. Defendant moved for a dismissal of plaintiff’s complaint demanding specific performance of an agreement to lease property and payment of rent arrearages of $25,000. Special Term granted defendant’s motion pursuant to CPLR 3211 (subd [a], par 7) for plaintiff’s failure to state a cause of action. The crux of this case revolves around the construction of a contract; to wit, whether the agreement between the parties was an option or a lease. The contract in question contains some terms that are indicative of an option and others indicative of a lease. Where a contract contains ambiguities which need to be resolved on the merits by a finder of facts, such issues should not be resolved by pretrial motion (Airco Alloys Div. v Niagara Mohawk Power Corp., 76 AD2d 68). Order reversed, on the law, with costs, and motion to dismiss complaint denied. Main, J.P., Casey, Mikoll, Yesawich, Jr., and Weiss, JJ., concur.

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Bluebook (online)

81 A.D.2d 959, 439 N.Y.S.2d 716, 1981 N.Y. App. Div. LEXIS 11695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hellenic-greek-orthodox-church-of-st-george-v-city-of-schenectady-nyappdiv-1981.

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