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ONE HUNDRED GRAND, INC. v. CHAPLIN

70 A.D.3d 513 (2010)

895 N.Y.S.2d 68

ONE HUNDRED GRAND, INC., Respondent, v. KAREN CHAPLIN, Formerly Known as KAREN ROCHON, Appellant.

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

Decided February 18, 2010.

In this commercial nonpayment proceeding, the relevant provisions of the landlord's offering plan and the parties' lease were ambiguous, i.e., "reasonably susceptible of more than one interpretation" (Chimart Assoc. v Paul, 66 N.Y.2d 570, 573 [1986]), as to how "additional rent" for increased building expenses was to be calculated for the commercial space. Thus, Appellate Term properly looked to evidence of the parties' course of...

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