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MOBIL OIL CORP. v. GETTNER

240 A.D.2d 350 (1997)

659 N.Y.S.2d 458

Mobil Oil Corporation, Appellant, v. Alan Gettner et al., Respondents

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

June 26, 1997

The court properly held the use of the word "any" in the Early Termination Clause, section 28.01 of the subject lease, to be clear and unambiguous, and thus the Development Parcel requirement was met by inclusion of parcels 100 feet from the premises fronting First Avenue, and properly denied the use of parol evidence.

However, while the court correctly disposed of the action in landlord's favor, rather than granting summary...

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