RPS Legal represents your company as counsel for other parties in litigation and commercial matters. We offer you legal advice and support according to your needs for a commercial competitor. The plaintiff`s landlord commenced this commercial non-payment proceeding against the defendant tenant for rent arrears The plaintiff alleges that this was caused by the unlawful deduction of $2,000 per month for each of the three floors he occupies on the site in question. Both parties agree that the final decision on this matter depends on the legal interpretation of a single clause of the lease. If you want to open a company in the Netherlands, we offer legal support and representation in the formation of BV (Limited Liability) and NV (Joint Stock) companies. Previous lawsuits in Spokane County Superior Court have been consolidated into one case, and most litigation has been dismissed or withdrawn under federal settlements. Among these lawsuits was a lawsuit filed by the developer of the mall against some elected municipal officials. Although it was eventually dropped, there is still a dispute over the amount of legal fees owed to Eugster. RPS Legal imposes various contracts on your start-up in the Netherlands, such as employment contracts, terms and conditions, legal contracts, office leases, mortgages and licenses. Our team of international tax specialists consists of experienced tax lawyers and lawyers who offer a practical approach and are fully equipped to master all the challenges of Dutch tax practice. the quality or condition of being subject to two or more different interpretations.
There, which can sometimes be provided or explained by outside evidence, i.e. evidence: «The City challenges Spokane County`s decision that the garage must pay property taxes. The case was assigned to a judge in Lincoln County Superior Court. While the terms of a written contract are clear and unambiguous, a fundamental rule in the interpretation of contracts is that the intention of the parties must be found at the four corners of the contract in order to give a practical interpretation of the language used and the reasonable expectations of the parties. Pecker Iron Works of New York, Inc. v Traveler`s Insurance Co., 290 AD2d 426, 736 N.Y.S.2d 103 (2d Dept. 2002). The interpretation of a lease is subject to the same rules as for contracts in general, and if the intention of the parties is clearly stated in a written agreement, the court deals with the will of the parties only to the extent that it is apparent from the four corners of the document.
Fox Paper, Ltd. v Schwarzman, 168 AD2d 604, 563 N.Y.S.2d 439 (2d Dept. 1990). Former city councilman Steve Eugster filed a lawsuit in Spokane County Superior Court challenging the settlement between the city and Cowles Publishing Co., owner of the companies that own and operate the garage. The city has argued that the case should be dismissed and a verdict is still pending. According to The Law Dictionary, Anderson Publishing Co., 2002, «ambiguity» is defined as: not contained in the instrument itself; (b) latent, if the instrument We can help you protect and enforce your intellectual property rights against infringement and illegal use by third parties in the Netherlands. The first floor and fourth floor are not delivered empty and the brooms clean in 18 The heart of the problem lies in the interpretation of the words «if the first and fourth floors are not delivered free of charge». First, it was argued that the clause in question was ambiguous and that, in view of the ambiguity, the court should follow the strict rule of interpretation and interpret the document in a way that was more favourable to the non-drafting party. Turner Press, Inc.
v Gould, 76 AD2d 906, 429 N.Y.S.2d 239 (2d Dept. 1980). Within the eighteen months covered by the above-mentioned rent clause, the defendant acquired the fourth floor. However, the first floor of the building continues to be occupied by another tenant, so that floor was not delivered to the defendant as provided for in the lease. a name that is used there, applicable to two people or things. RPS Legal advises entrepreneurs and companies with European business interests worldwide. The Court considers that the provision in question is neither manifest nor ambiguous and therefore need not regard the clause against the applicant as the author of the lease. Parties must not create ambiguity where there is none, simply by demanding conflicting interpretations of their agreement.
Co. v R.J.R. Nabisco, Inc., 906 F.2d 884 (2d Cir. 1990). In the present case, there is no duplicity of meaning on the front of the instrument and this can no doubt follow from its interpretation, since several objects could be the subject of the clause. The confusion arises from the interpretation of the word «and» in the tenancy clause. The mall`s former manager, RWR Management, won a $6 million jury verdict against the mall`s development companies last summer. The developer appealed the case to the State Court of Appeals. The defendant first took possession of the third floor of the premises for a monthly rent of $7,000; Subsequently, the respondent took possession of the second floor for a monthly rent of $7,000, bringing the respondent`s total monthly rent for both floors to $14,000. On the basis of the foregoing, the court rules in favour of the defendant. Last update : November 18, 2005 On the basis of the tenancy clause in question, the defendant reduced its rent by USD 6000 per month, or USD 2000 for each floor actually used.
The defendant submits that such a reduction is justified by the abovementioned contractual clause. [*2] As the applicant rightly points out in his memorandum of law, the use of the word `and` alone means `also` or `in addition`, thus creating a single unity of objects thus connected; The mere use of «and» cannot be interpreted as «either», which would follow from the use of the term «and/or». According to the applicant`s own interpretation of the terms used in the lease [*3], the respondent was entitled to a reduction in rent if the first and fourth floors were not delivered together. The applicant apparently argues the opposite, i.e. that, since one of the floors has been delivered, no reduction in rent is permitted, the reduction would only be justified if no floor were returned. It is a convoluted and fragile interpretation of plain language. On the other hand, the applicant submits that the correct interpretation of the lease allows for a reduction in rent only if neither the first nor the fourth floor are delivered to the respondent; Since the respondent is in possession of the fourth floor, no rent deduction is warranted. The respondent was entitled to a rent reduction if the two floors were not delivered to him. The two floors were not delivered to him, so the deduction is allowed. No partial delivery was provided, it was both or nothing. If the applicant intended to give a more precise, more limited or narrower meaning to the terms used, it was incumbent upon him, as the author of the lease, to clarify this. Under the guise of interpreting the contract, the court cannot interpret the wording in such a way as to distort the obvious meaning of the contract.
Slamow v. Delcol, 174 AD2d 725, 571 N.Y.S.2d 335 (2d Dept.