Construing a lease.

Practice point: A proprietary lease is a valid contract that must be enforced according to its terms, and, in the interpretation of leases, the same rules of construction apply as are applicable to contracts generally.

Student note: The court found that, contrary to the co-op's arguments, none of the provisions upon which it relied supported a basis upon which it can recover, from the proceeds of the sale of the apartment, its costs for security services.

Case: Himmelberger v. 40-50 First Rd. Apts. Corp., NY Slip Op 02636 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Capacity to sue.