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MELTZER v. G.B.G., INC.

205 A.D.2d 329 (1994)

613 N.Y.S.2d 22

Marvin H. Meltzer et al., Appellants, v. G.B.G., Inc., et al., Respondents, et al., Counterclaim Defendant

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

June 7, 1994

The contract is not ambiguous with respect to defendant sellers' obligation to obtain a rezoning that would permit 52,000 square feet of floor area "including common areas". The ordinary meaning of the term "common areas" is not limited to space directly ancillary to the dwelling units, such as stairwells, but includes space used in common by the tenants, such as the basement. If plaintiff purchasers, who included a real estate attorney and an architect, had intended to limit...

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