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EUJOY REALTY CORP. v. VAN WAGNER LLC

No. 179

22 N.Y.3d 413 (2013)

4 N.E.3d 336

981 N.Y.S.2d 326

2013 NY Slip Op 7823

EUJOY REALTY CORP., Respondent, v. VAN WAGNER COMMUNICATIONS, LLC, Appellant.

Court of Appeals of New York.

Decided November 26, 2013.

Attorney(s) appearing for the Case

Scheichet & Davis, PC., New York City ( Victor P. Muskin and Khine Z. Aung of counsel), for appellant.

Schnaufer & Metis, LLP, Hartsdale ( John C. Schnaufer and Peter Metis of counsel), for respondent.

OPINION OF THE COURT

READ, J.

This appeal calls upon us to interpret a lease's payment terms. We conclude that the pertinent lease obligated defendant tenant Van Wagner Communications, LLC (Van Wagner) to pay the full annual basic rent for calendar year 2007 to plaintiff landlord Eujoy Realty Corp. (Eujoy) on January 1, 2007. Although Van Wagner terminated the lease a week later, the parties did not agree in the...

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