Greenburger v. Yeshiva University

Full title: FRANCIS GREENBURGER, Appellant, v. YESHIVA UNIVERSITY, Respondent

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

Date published: Mar 31, 1994

202 A.D.2d 372 (N.Y. App. Div. 1994)

612 N.Y.S.2d 829

Opinion

March 31, 1994

Appeal from the Supreme Court, New York County (Herman Cahn, J.).

We agree with the IAS Court that the letter extending the deadline for conversion is ambiguous as to whether the obligation to convert was conditioned on the resolution of plaintiff's claimed lease defaults, thus rendering summary judgment inappropriate (see, River Park Assocs. v. Meyerbank Elec. Co., 116 A.D.2d 709).

Concur — Carro, J.P., Rosenberger, Ross, Asch and Tom, JJ.