JPMORGAN CHASE BANK v. LOWELL


309 A.D.2d 541 (2003)

765 N.Y.S.2d 315

JPMORGAN CHASE BANK, Respondent, v. HOWARD B. LOWELL et al., Appellants.

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

Decided October 7, 2003.


The motion court properly concluded that the due date for the rent under article 3.02 of the Ground Lease was December 1 rather than November 30, as defendants-appellants contend. Article 3.02 clearly and unambiguously requires the payment of rent "quarter-annually at the end of each quarter without demand therefor, on the 1st days of each March, June, September and December" (emphasis added). There was no need for the court to resort to parol evidence, and thus, no...

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