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BUILDING SERVICE v. 101 LTD. PARTNERSHIP

652266/10, 3258, 3257.

148 A.D.3d 594 (2017)

2017 NY Slip Op 02363

51 N.Y.S.3d 31

BUILDING SERVICE LOCAL 32B-J PENSION FUND et al., Respondents-Appellants, v. 101 LIMITED PARTNERSHIP, Appellant-Respondent.

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

Decided March 28, 2017.

In this commercial landlord-tenant action, the trial court correctly determined that the fair and reasonable meaning of the term "expenses" in the net cash flow provision of the parties' leases did not include reserves required to be set aside by defendant as a condition of refinancing, by considering the term in the context of the parties' negotiation history, as evidenced by earlier drafts of the leases and the testimony of witnesses...

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