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SHUBERT FOUND., INC. v. 1700 BROADWAY CO.

198 A.D.2d 116 (1993)

605 N.Y.S.2d 843

Shubert Foundation, Inc., Respondent, v. 1700 Broadway Co., Appellant

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

November 16, 1993

We agree with the IAS Court that the clause in question was ambiguous. Accordingly, it was proper to receive the testimony of plaintiff's witnesses, who negotiated the terms of the original lease for the original parties in interest, to explain the intended operation of the clause (see, Sutton v East Riv. Sav. Bank, 55 N.Y.2d 550, 554; Globe Food Servs. Corp. v Consolidated Edison...

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