Amato v. Werier — 9 Misc. 2d 269

Majority

p. 269

James Amato et al., Respondents, v. Louis Werier, Appellant.

Supreme Court, Appellate Term, Second Department,

May 2, 1957.

Leslie Kirsch for appellant.

Adolphe C. Orlando for respondents.

The deed by which the tenant herein conveyed the property contains an ambiguity as to the nature of the tenancy under which he was to remain in possession of his apartment. The trial court should have admitted oral testimony to clear up this ambiguity.

The final order should be unanimously reversed upon the law and facts and new trial granted, with $30 costs to the tenant to abide the event.

Pette, Hart and Brown, JJ., concur.

Final order reversed, etc.