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GOLDSTEIN v. 12 BROADWAY REALTY LLC

6111, 650476/10.

89 A.D.3d 590 (2011)

933 N.Y.S.2d 247

2011 NY Slip Op 8465

LAWRENCE A. GOLDSTEIN et al., Respondents, v. 12 BROADWAY REALTY LLC, Appellant.

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

Decided November 22, 2011.

The motion court properly interpreted the disputed sections of the lease as requiring the appraisers to value the land as vacant and unimproved, with no restrictions affecting its use (see New York Overnight Partners v Gordon, 88 N.Y.2d 716, 721-722 [1996]). Reversal is not required on res judicata grounds. Indeed, neither the so-ordered stipulation in the first action nor the court's prior orders construed the disputed terms of...

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