CITIBANK, N.A. v. 666 FIFTH AVENUE LIMITED PARTNERSHIP


2 A.D.3d 331 (2003)

769 N.Y.S.2d 268

CITIBANK, N.A., Appellant, v. 666 FIFTH AVENUE LIMITED PARTNERSHIP, Respondent.

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

December 23, 2003.


The lease provisions at issue, respecting the effect of real estate tax decreases on the rent paid by plaintiff lessee to defendant landlord, were properly found ambiguous (see Executive Off. Network v 666 Fifth Ave. Ltd. Partnership, 294 A.D.2d 166 [2002]). The ambiguities are not, however, to be construed against defendant by reason of its having drafted the initial version of the leases, since the lease agreements ultimately entered...

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