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RUDD v. 176 WEST 87TH STREET OWNERS CORP.

283 A.D.2d 202 (2001)

724 N.Y.S.2d 299

MARK S. RUDD et al., Respondents, v. 176 WEST 87TH STREET OWNERS CORP., Appellant.

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

Decided May 8, 2001.

We reject the landlord's argument that the tenants are not entitled to the refund they seek simply because the lease does not expressly provide therefor. To hold otherwise would allow the landlord to realize a profit from the tenants' compliance with a clause that was not intended to provide the landlord with a windfall (cf., Fairfax Co. v Whelan Drug Co., 105 A.D.2d 647; S.B.S. Assocs. v Weissman-Heller, Inc.,

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