In T.L.C. W., LLC v Fashion Outlets of Niagara, LLC , T.L.C. West -- doing business as Applebee's Neighborhood Grill and Bar ("Applebee's") -- sued its landlord, Fashion Outlets of Niagara ("FON"), claiming Fashion was responsible for trash removal.
Although the lease began in 1994, and the cost had never been demanded or sought, in 2006, when FON notified Applebee's that there would be a charge for trash removal, the restaurant filed suit.
After the Niagara County Supreme Court denied Applebee's request that the landlord be held responsible for that service, the company appealed to the Appellate Division, Fourth Department.
When a lease suffers from ambiguous language, a court may look at the evidence presented by the parties to resolve a dispute as to the agreement's meaning or import. Upon its review of the record, the Appellate Division, Fourth Department, thought trash removal was part of "common area" maintenance, which was FON's responsibility.
As a result, the AD4 modified the lower court's decision and sent the case back for a determination as to the dollar amount Applebee's should be reimbursed.
Guess who's eatin' good in the neighborhood?
To download a copy of the Appellate Division's decision, please use this link: T.L.C. W., LLC v Fashion Outlets of Niagara, LLC