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PLAZA v. GREAT ATL. & PAC. TEA CO., INC.

44 N.Y.2d 791 (1978)

Bensons Plaza, Respondent, v. Great Atlantic & Pacific Tea Company, Inc., Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided May 2, 1978.

Attorney(s) appearing for the Case

Michael Beilewech, Jr., for appellant.

Harold M. Halpern for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur; Judge GABRIELLI dissents and votes to affirm in a separate memorandum.

MEMORANDUM.

Order reversed and summary judgment granted to defendant tenant. The disputed lease term may, of course, be viewed in the context of surrounding circumstances. It is the rare writing that requires no interpretation. (3 Corbin, Contracts, § 535; Restatement, Contracts 2d, § 228, Comment b; § 238, Comment b [Tent Draft No. 5]; cf. Hotel...

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