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DAEUN CORP. v. A&L 444 LLC

62 A.D.3d 479 (2009)

877 N.Y.S.2d 896

DAEUN CORP., Appellant, v. A&L 444 LLC et al., Respondents.

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

Decided May 12, 2009.

Contrary to plaintiff's contentions, the court properly determined the action based upon documentary evidence and the unambiguous lease agreement (see Ark Bryant Park Corp. v Bryant Park Restoration Corp., 285 A.D.2d 143, 150 [2001]). Because plaintiff had twice defaulted in payment of rent, from September 1, 2005 through February 1, 2006 and from September 1, 2006 through April 1, 2007, defendants could refuse to extend the lease...

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