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ARTHUR ANDERSEN & CO. v. FISHER-SIXTH AVE. CO.

202 A.D.2d 357 (1994)

610 N.Y.S.2d 776

Arthur Andersen & Co., Respondent, v. Fisher-Sixth Avenue Company et al., Appellants

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

March 29, 1994

We agree with the IAS Court that the terms of the 1986 lease are clear and unambiguous with respect to additional space becoming available no later than May 1, 1994. Section 45.08 specifically provides with respect to the floors in question that "wherever" the tenant has the option or obligation to accept possession of these floors, it may opt or accept any two of the floors. There is nothing in the general demising paragraph or...

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