WORLD MONUMENTS FUND, INC. v. NINETY-FIVE MADISON COMPANY


47 A.D.3d 547 (2008)

849 N.Y.S.2d 557

WORLD MONUMENTS FUND, INC., Respondent, v. NINETY-FIVE MADISON COMPANY, Appellant.

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

Decided January 29, 2008.


The lease between the parties provides that possession of the premises should be given to the tenant upon lease signing, but no later than May 1, 2000, and that rent should commence three months after lease signing, but no later than August 1, 2000. However, lease signing and possession did not occur by May 1, 2000. In these circumstances, the court correctly found that the lease clause providing for three months rent-free is reasonably susceptible of more than one interpretation...

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