VITAMIN REALTY ASSOC. LLC v. TIME RECORD STOR., LLC

Index No. 654417/19. Appeal No. 13555. Case No. 2020-03457.

193 A.D.3d 491 (2021)

148 N.Y.S.3d 8

2021 NY Slip Op 02231

Vitamin Realty Associates LLC, Appellant, v. The Time Record Storage, LLC, et al., Respondents.

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

Decided April 8, 2021.


Attorney(s) appearing for the Case

Bowles & Johnson PLLC, New York ( David K. Bowles of counsel), for appellant.

Fox Rothschild LLP, New York ( Joshua Kopelowitz of counsel), for respondents.

Concur—Webber, J.P., Mazzarelli, González, Mendez, JJ.


Defendants are correct that the easement granted to plaintiff by defendants' predecessor does not contain a requirement that defendant 225 Long Avenue maintain its crossing agreement with Conrail. However, plaintiff offers a reasonable interpretation of the agreements that includes such a requirement when the agreements, which were executed at about the same time, in connection with the same transaction, are read together (PETRA CRE CDO 2007-1, Ltd. v Morgans Group LLC...

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