Franklin Apartment Associates, Inc. v. Westbrook Tenants Corp.

• Decision Date: 11 September 2007
• Docket Number: 2006-10291.
• Citation: 43 A.D.3d 860,2007 NY Slip Op 06630,841 N.Y.S.2d 673
• Parties: FRANKLIN APARTMENT ASSOCIATES, INC., Respondent, v. WESTBROOK TENANTS CORP., Appellant.
• Court: New York Supreme Court — Appellate Division

43 A.D.3d 860

841 N.Y.S.2d 673

2007 NY Slip Op 06630

FRANKLIN APARTMENT ASSOCIATES, INC., Respondent, v. WESTBROOK TENANTS CORP., Appellant.

2006-10291.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided September 11, 2007.

In an action for a judgment declaring that the defendant is responsible for the repair of certain items of plumbing known as "shower bodies," for an injunction compelling the defendant to repair the "shower bodies," and to recover damages for injury to property, the defendant appeals from an order of the Supreme Court, Westchester County (Jamieson, J.), dated September 26, 2006, which granted the plaintiff's motion, in effect, for summary judgment declaring that the defendant is responsible for

the repair of the "shower bodies" and for summary judgment dismissing the affirmative defenses, and denied its cross motion, in effect, for summary judgment declaring that it was not responsible for the repair of the "shower bodies" and for summary judgment dismissing the plaintiff's claims for injunctive relief and to recover damages for injury to property.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for the entry of an interlocutory judgment declaring that the defendant is responsible for the repair of the "shower bodies" and thereafter for an assessment of damages and entry of a final judgment.

The plaintiff is a holder of stock and proprietary leases appurtenant to several apartments in a building owned by the defendant cooperative corporation. Leaks developed in the bathrooms of several apartments. Specifically, the leaks developed in items of plumbing known as "shower bodies." The parties could not agree on who was responsible for the repairs. The plaintiff commenced this action, inter alia, seeking a judgment declaring that the defendant was responsible for the repairs under the terms of the appurtenant leases. The plaintiff moved, in effect, for summary judgment declaring that the defendant was responsible for the repairs and for summary judgment dismissing the defendant's affirmative defenses. The defendant cross-moved, in effect, for summary judgment declaring that it was not responsible for the repairs and for summary judgment dismissing the plaintiff's claims for injunctive relief and to recover damages for injury to property. In support of the motion and the cross motion, both parties offered differing interpretations of the relevant provisions of the leases. The Supreme Court granted the plaintiff's motion and denied the defendant's cross motion. We affirm.

"The fundamental, neutral precept of contract interpretation is that agreements are construed in accord with the parties' intent" (Greenfield v Philles Records, 98 NY2d 562, 569 [2002]). When the terms of a written contract are clear and unambiguous, the intent of the parties must be found within the four corners of the contract, giving practical interpretation to the language employed and the parties' reasonable expectations (id.; see Correnti v Allstate Props., LLC, 38 AD3d 588, 590 [2007]). The construction and interpretation of an unambiguous written contract is an issue of law within the province of the court (see Katina, Inc. v Famiglietti, 306 AD2d 440, 441 [2003]).

Here, paragraph 2 of the leases provides that "[t]he Lessor [the defendant] shall at its expense keep in good repair the building including all of the apartments, the sidewalks and courts surrounding the same, and its equipment and apparatus except those portions the maintenance and repair of which are expressly stated to be the responsibility of the Lessee [the plaintiff] pursuant to Paragraph 18 hereof." In relevant part, paragraph 18 provides: "[t]he Lessee ... shall be solely responsible for the maintenance, repair,...