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44 COURT STREET, LLC v. EDWIN GOULD SERVICES FOR CHILDREN AND FAMILIES

62 A.D.3d 502 (2009)

878 N.Y.S.2d 617

44 COURT STREET, LLC, Appellant, v. EDWIN GOULD SERVICES FOR CHILDREN AND FAMILIES, Respondent.

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

May 14, 2009.

The evidence at trial amply demonstrated that the parties understood the subject lease clause to refer to the level of funding for the foster care program, not to the level of funding for the agency as a whole (see Federal Ins. Co. v Americas Ins. Co., 258 A.D.2d 39, 44 [1999]). Furthermore, the parties' conduct during the duration of the lease demonstrated their understanding that the payment of rent was governed by the level of...

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