31-32 GOURMET CORP. v. CABLE BLDG. ASSOCS.


223 A.D.2d 387 (1996)

636 N.Y.S.2d 324

31-32 Gourmet Corp., Appellant, v. Cable Building Associates et al., Respondents

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

January 16, 1996


Contrary to the trial court's finding, the terms "coffee shop" and "delicatessen" are ambiguous in the context of this case and, thus, it was error to refuse all evidence concerning the negotiations for plaintiff's lease inasmuch as such evidence bears directly on the parties' intent. Accordingly, we remand the matter for a new trial at which the intent of the parties should be explored to determine whether plaintiff negotiated for and received the restrictive covenant so...

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