Alphonse Hotel Corp. v. 76 Corp.
Cases that cite this one
12 later published cases cite this decision.
- Stankiewicz v. Bristol E. Co. (New York Supreme Court, New York County 2025)
- Success Academy Charter Schs., Inc. v. Liberty Sq. Realty Corp. (New York Supreme Court, New York County 2024)
- Dye v. RBNB 20 Owner LLC (Appellate Division of the Supreme Court of New York 2024)
- Taubes v. Yorkshire House Assoc. LLC (New York Supreme Court, New York County 2024)
- Zhang v. LLS Realty Assoc., LLC (New York Supreme Court, New York County 2024)
- Ali Baba Hotel Corp. v. Prose (New York Supreme Court, New York County 2024)
- Synod of Bishops of the Russian Orthodox Church Outside of Russia v. Preschool of Am. (Appellate Division of the Supreme Court of New York 2023)
- Synod of Bishops of the Russian Orthodox Church Outside of Russia v. Preschool of Am. (Appellate Division of the Supreme Court of New York 2023)
- Gap, Inc. v. 44-45 Broadway Leasing Co., LLC (Appellate Division of the Supreme Court of New York 2021)
- 43rd Street Deli, Inc. v. Paramount Leasehold, L.P. (Appellate Division of the Supreme Court of New York 2013)
- 43rd Street Deli, Inc. v. Paramount Leasehold, L.P. (Appellate Division of the Supreme Court of New York 2013)
- Shoshany v. Goldstein (Civil Court of the City of New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Orders, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about April 12, 1999 and May 12, 1999, which, to the extent appealed from as . limited by the brief, granted plaintiff landlord use and occupancy pendente lite from January 1, 1999, at the rate of $32,100 per month, unanimously affirmed, with costs.
The ambiguities in the parties’ lease respecting the amount of rent due each month should be construed against the drafter, here defendant tenants (see, Trief v Elghanayan, 251 AD2d 123). Moreover, the court has broad discretion in awarding use and occupancy pendente lite (see, East 4th St. Garage v Estate of Berkowitz, 265 AD2d 249), and defendants remain free to demonstrate that a lower rate was actually agreed upon and that the landlord’s actions prevented them from opening their nightclub until March 1999. Concur — Nardelli, J. P., Ellerin, Lerner, Buckley and Friedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.