THEROUX v. RESNICOW

154642/17. Appeal No. 12201. Case No. 2019-5576.

187 A.D.3d 654 (2020)

134 N.Y.S.3d 325

2020 NY Slip Op 06074

Justin Theroux, Respondent, v. Norman J. Resnicow et al., Appellants, et al., Defendants.

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

Decided October 27, 2020.


The court correctly determined that the language of the cooperative offering plan describing the boundary between plaintiff's and defendants' portions of the roof terrace was ambiguous (see Ellington v EMI Music, Inc., 24 N.Y.3d 239, 244 [2014]). As used in the offering plan, the terms "stair" and "stairs" are susceptible to at least two reasonable interpretations, and the offering plan...

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