KORETZ v. 363 EAST 76TH STREET CORPORATION

10472. 656255/17.

178 A.D.3d 445 (2019)

114 N.Y.S.3d 63

2019 NY Slip Op 08637

James Koretz, Appellant-Respondent, v. 363 East 76th Street Corporation, Respondent-Appellant.

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

Decided December 3, 2019.


Attorney(s) appearing for the Case

Wagner, Berkow & Brandt, LLP, New York ( Bonnie Reid Berkow of counsel), for appellant-respondent.

Cullen and Dykman LLP, Garden City ( Jennifer A. McLaughlin of counsel), for respondent-appellant.

Concur—Friedman, J.P., Oing, Singh, Moulton, JJ.


The motion court correctly declined to dismiss the breach of contract claim on the ground that the Supplement to the Proprietary Lease (the Supplement), which provides that plaintiff "shall continue to have the right to use the existing separate entrance to the apartment located on the southerly side of the building," is sufficiently ambiguous to permit the introduction of extrinsic evidence to discern the parties' intent as to whether plaintiff has the exclusive right to...

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