LICENSE AGREEMENT DEEMED “CLEAR AND UNAMBIGUOUS”
After his motion for pre-trial relief in his favor – via a motion for summary judgment -- was denied, RS, a cooperative shareholder, filed an appeal.
On its review, the Appellate Division, First Department, concluded that RS’s air-conditioning related license agreement with his cooperative was far from “ambiguous,” as the court below had found, and opted to reverse the underlying determination.
Apparently, the agreement in question provided that RS, along with any successors or assigns, were permitted to use the space on the building’s roof “"for an air-conditioning unit …. serving the Apartment, and for no other purpose." While RS had the obligation to maintain the unit, the rights to the roof space were "deemed appurtenant to ownership of the Proprietary Lease and cooperative shares allocated to the Apartment," and were “irrevocable.”
While the cooperative argued that the license only applied to the existing unit (and not to any replacement), the AD1 didn’t agree, particularly since the parties' document “clearly and unambiguously” allowed RS not only “to maintain an air conditioner on the roof of the building,” but afforded him “the ability to install a replacement air conditioner.”
Think things will finally cool off?
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