4 No. 74
Signature Realty, Inc.,
Appellant, v. Tim Tallman, doing business as
Tallman's Tire and Auto Service,
Respondent.
2004 NY Int. 80
June 3, 2004
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Richard L. Wolfe, for appellant. Robert K. Hilton, III, for respondent.
MEMORANDUM:
The order of the Appellate Division, insofar as
appealed from, should be reversed, with costs, and the case
remitted to Supreme Court for further proceedings in accordance
with this memorandum.
As we recently stated in R/S Assoc. v New York Job
Devel. Auth. (98 2 29, 32 [2002]), when parties set down
their agreement in a clear, complete document, their writing
should as a rule be enforced according to its terms ( see also Reiss v Financial Performance Corp., , 97 NY2d 195, 198 2001],
quoting W.W.W. Assoc. v Giancontieri, , 77 NY2d 157, 162 [1990]).
Nothing in the parties' agreement limits the commission to the
initial lease period. On the contrary, an option to renew a
lease for three five-year periods, as provided for in the subject
lease, would fall within the broad category of a lease, rental
arrangement or other occupancy, unambiguously requiring payment
of 10 percent of the rent over the period of occupancy.
Given that plaintiff did not cross-move for summary
judgment, this Court is not empowered to grant it summary relief
( see Merritt Hill Vineyards Incorp. v Windy Heights Vineyard,
Inc., , 61 NY2d 106, 110-111 [1984]).