333 E. 43 Owners Corp. v Boylan

[*1] 333 E. 43 Owners Corp. v Boylan 2009 NY Slip Op 50283(U) [22 Misc 3d 135(A)] Decided on February 20, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 20, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570531/08.

333 East 43 Owners Corp., Petitioner-Landlord-Appellant,

against

Nuala J. Boylan, Respondent-Tenant-Respondent.

In this nonpayment summary proceeding, landlord appeals from an order of the Civil Court of the City of New York, New York County (Peter M. Wendt, J.), dated August 1, 2008, which granted tenant's motion for reargument, and upon reargument, vacated so much of its prior order awarding landlord a final judgment against tenant in the amount of $19,588.41 and directed a hearing to determine the percentage amount of the rent abatement contemplated by the parties.

Per Curiam.

Order (Peter M. Wendt, J.), dated August 1, 2008, affirmed, with $10 costs.

While extrinsic evidence may not be used to determine whether a contract is ambiguous (see W.W.W. Assocs., Inc. v Giancontieri, 77 NY2d 157 [1990]), we agree that the purpose and intent of the three successive stipulations of settlement entered into by the parties cannot be gleaned from the four corners of the documents. Since the stipulations, read together, are reasonably susceptible to more than one interpretation, resort to extrinsic evidence is necessary to establish the parties' intent with respect to the disputed issue concerning the percentage amount of the contemplated rent abatement.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 20, 2009