Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

I am not great at understanding business case laws and analysis. Can you please assist me with summarizing the background facts for the below case

I am not great at understanding business case laws and analysis. Can you please assist me with summarizing the background facts for the below case without plagiarizing ? I am completely stuck and have a deadline to complete it.

Case: Corporate Graphics, Inc. v. Mehlman Management Corp., 81 A.D.2d 767 (1981)

Here are the references I am using. CORPORATE GRAPHICS, INC. | 81 A.D.2d 767 (1981) | ad2d7673387 | Leagle.com

and

438 N.Y.S.2d 805

81 A.D.2d 767

CORPORATE GRAPHICS, INC., Plaintiff-Respondent,

v.

MEHLMAN MANAGEMENT CORPORATION et al., Defendants-Appellants.

Supreme Court, Appellate Division,

First Department.

May 12, 1981.

J. B. Levison, New York City, for plaintiff-respondent.

S. G. Storch, New York City, for defendants-appellants.

Before MURPHY, P.J., and KUPFERMAN, BIRNS, CARRO and SILVERMAN, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County, entered February 6, 1980, granting the motion to dismiss by certain defendants and denying it as to appellants Mehlman Management Corporation, Kips Bay Towers Company, and East Baykips Corporation, is unanimously reversed, on the law, to the extent appealed from, and the motion of said defendants to dismiss the complaint is granted, with costs.

The leases provided that the tenant would not use the premises "for any purposes other than a private dwelling apartment." A contemporaneous rider to the leases said:

This is to certify that the lease agreements between Kips Bay Towers Company and Corporate Graphics, Inc. are considered to be residential leases. It is therefore understood that all laws and regulations applicable to residences would apply in this case.

As a matter of ordinary contract law, a contention that the parties understood that the tenants could use the premises for commercial purposes would seem to violate the parol evidence rule. In a famous statement, Justice Holmes said:

Page 806

cannot prove a mere private convention between the two parties to give language a different meaning from its common one. .... It would offer too great risks if evidence were admissible to show that when they said 500 feet they agreed it should mean 100 inches, or that Bunker Hill Monument should signify the Old South Church. As an artificial construction cannot be given to plain words by express agreement, the same rule is applied when there is a mutual mistake not apparent on the face of the instrument.Goode v. Riley, 153 Mass. 585,28 N.E. 228.

See also 4 Williston on Contracts, 3d ed., 611, p. 564. Neither can the parties agree that "private dwelling" or "residential" shall mean unobtrusive commercial use, or argue they mistakenly believed that that was what the words meant.

Similarly plaintiff cannot rely on any alleged representation by the landlord that unobtrusive commercial use was a use permitted by the lease or by law. "Since the written instrument contains terms different from those allegedly orally represented, and is presumed to have read the writing, he may not claim he relied on the representations." Humble Oil &Refining Co. v. Jaybert, 30 A.D.2d 952,294 N.Y.S.2d 190.

But the decisive factor in this case is that even assuming the landlord knew and consented to the use of the premises for commercial purposes, plaintiff would still not have a cause of action against the landlord, because the landlord has not prevented the plaintiff from using the premises commercially. Rather, it is alleged that a public agency, New York City Department of Buildings, found plaintiff's use to be in violation of the New York City Administrative Code, and plaintiff finally had to vacate the premises. This is not a case in which the landlord expressly guaranteed that the contemplated use was legal. Cf.Municipal Metallic Bed Manufacturing Corp. v. Dobbs, 253 N.Y. 313,171 N.E. 75. At best, even if the landlord might be estopped from asserting the parol evidence rule (as to which we do not rule), this is a case in which both landlord and tenant were willing to have the premises used for a commercial use pretending that it was used for residential purposes; but the Department of Buildings would not play along with them. The landlord is no more responsible for this than the tenant. As the agreement between the parties expressly provided "all laws and regulations applicable to residences would apply," plaintiff is not in a position to complain against the landlord because the Department of Buildings applied the laws and regulations applicable to residences.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

More Books

Students also viewed these Law questions

Question

=+ What should be considered when implementing the strategic plan?

Answered: 1 week ago

Question

What reward will you give yourself when you achieve this?

Answered: 1 week ago