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S. RD. ASSOC. v. IBM CORP.

4 N.Y.3d 272 (2005)

826 N.E.2d 806

793 N.Y.S.2d 835

SOUTH ROAD ASSOCIATES, LLC, Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Respondent.

Court of Appeals of the State of New York.

Decided March 29, 2005.

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Greene & MacRae, L.L.P., Albany (Michael W. Peters, Robert J. Alessi and Cindy M. Monaco of counsel), for appellant.

Jones Day, New York City (Mark R. Seiden and Meir Feder of counsel), for respondent.

John E. Zuccotti, New York City, for Real Estate Board of New York, Inc., amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, GRAFFEO, READ and R.S. SMITH concur; Judge ROSENBLATT taking no part.

OPINION OF THE COURT

CIPARICK, J.

This appeal presents an issue of contract interpretation — the scope of the term "premises" as contained in the "good order and condition" provision of the parties' lease agreement. Specifically, we address whether "premises" includes the land upon which the buildings are situated or only the buildings' interior space. We conclude that "premises" as defined in the lease includes only the interior portions of the buildings...

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