37 EAST 50TH STREET CORP. v. RESTAURANT GROUP MGT. SERV., L.L.C.

4692. 653067/13.

156 A.D.3d 569 (2017)

68 N.Y.S.3d 424

2017 NY Slip Op 09253

37 EAST 50TH STREET CORPORATION, Appellant, v. RESTAURANT GROUP MANAGEMENT SERVICES, L.L.C., Respondent.

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

Decided December 28, 2017.


The court properly denied so much of the motion as sought dismissal of the second cause of action. First, like the IAS court, we reject defendant's argument that the sentences in the parties' 2011 agreement referring to a lease with both parties as tenants are inoperative. These sentences are not in recital or "whereas" clauses. Furthermore, "[i]n construing a contract, one of a court's goals is to avoid an interpretation that would leave contractual clauses meaningless"...

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