327 REALTY, LLC v. NEXTEL OF NEW YORK, INC.

4068. 21380/14.

150 A.D.3d 581 (2017)

2017 NY Slip Op 04076

55 N.Y.S.3d 202

327 REALTY, LLC, Appellant-Respondent, v. NEXTEL OF NEW YORK, INC., Doing Business as SPRINT NEXTEL, Respondent-Appellant.

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

Decided May 23, 2017.


Under principles of contract interpretation, where an example of a condition is given, that example defines the type of event that will fulfill that condition (see Lend Lease [US] Constr. LMB Inc. v Zurich Am. Ins. Co., 136 A.D.3d 52, 57 [1st Dept 2015], affd 28 N.Y.3d 675 [2017]). Hence, where the lease here gave "signal interference" as an example...

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