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WALLACE v. 600 PARTNERS CO.

86 N.Y.2d 543 (1995)

658 N.E.2d 715

634 N.Y.S.2d 669

In the Matter of William F. Wallace et al., as Trustees under a Declaration of Trust Dated December 30, 1955, Respondents, v. 600 Partners Co., Appellant.

Court of Appeals of the State of New York.

Decided November 2, 1995.

Attorney(s) appearing for the Case

White & Case New York City (Philip H. Schaeffer, John S. Willems, T. Douglas Hollowell and J. Stepan Wood of counsel), for appellant.

Kaye, Scholer, Fierman, Hays & Handler, New York City (Richard C. Seltzer and Naomi B. Waltman of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

The question presented is whether article 17 of the ground lease between these parties is enforceable as written. We agree with the courts below that the provision at issue is unambiguous and does not lead to an absurd result or render the lease unenforceable. Thus, resort to judicial construction and extrinsic evidence is unnecessary. Accordingly, we affirm.

Petitioners landlords and respondent...

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