RUIZ v. CHWATT ASSOCS.


247 A.D.2d 308 (1998)

669 N.Y.S.2d 47

Ernesto Ruiz, Appellant, v. Chwatt Associates et al., Respondents

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

February 24, 1998


As the trial court held, the typewritten rider to the lease, providing that the subject apartment was to be used "for the practice of medicine only", controls over the irreconcilable preprinted clause, providing that the apartment was to be used by the tenant and the tenant's family "as a strictly private dwelling apartment" (see, Poel v Brunswick-Balke-Collender Co., 216 N.Y. 310, 322). This rider, together with the certificate of occupancy and other evidence...

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