OVERSTREET v. SOFFER


74 A.D.2d 800 (1980)

Joseph W. Overstreet, Respondent, v. Jack Soffer, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 18, 1980


Relying on what it perceived as ambiguity in the lease, which it resolved against the landlord, Trial Term found for plaintiff on the grounds that commercial use of a portion of the demised premises was permitted, and that the landlord frustrated the tenant's efforts to lease commercially with resultant damages. This was error. The lease could not have been clearer. The premises were let "for artist's studio and residential purposes". The tenant never claimed ambiguity in...

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