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44 Court Street, LLC v. Edwin Gould Services for Children and Families

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 14, 2009

44 COURT STREET, LLC, PLAINTIFF-APPELLANT,
v.
EDWIN GOULD SERVICES FOR CHILDREN AND FAMILIES, ETC., DEFENDANT-RESPONDENT.

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered January 4, 2008, which, after a non-jury trial, dismissed the complaint, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Saxe, Renwick, Freedman, JJ.

600584/05

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 AD2d 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 funding given to the foster care programs (see id.). The parties had twice before entered into lease modifications following changes to the foster care program.

We have considered defendant's remaining contentions and find them without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090514

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