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Court Decisions First Judicial Department Civil Court New York County Trial Part 52/4

In this commercial holdover proceeding, petitioner’s motion and respondent’s cross-motion for orders granting summary judgment require the Court to construe a provision in a lease which contains an alleged scrivener’s error-the omission of the word assignment. The Court must decide whether a lease provision which permits petitioner-landlord to terminate the lease should respondent-tenant attempt to exercise its right to sublease the premises, may fairly be read, given other language in the lease provision, to also permit petitioner-landlord to terminate the lease should respondent attempt to exercise its right to assign the lease, notwithstanding the scrivener’s omission of that word in the opening paragraph of the provision.

The Lease Provision, The Motions and The Contentions of the Parties

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