2015 NY Slip Op 50089

Citation: 2015 NY Slip Op 50089
Jurisdiction: New York (state)
Source: Official source
Original Source: https://www.nycourts.gov/reporter/3dseries/2015/2015_50089.htm ↗

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interpretation which will operate to leave a provision of a contract without force and
effect. An interpretation that gives effect to all the terms of an agreement is preferable to
one that ignores terms or accords them an unreasonable interpretation [internal quotation
marks and certain citations omitted]." Ruttenberg v. David Data Systems Corp., 215
AD2d 191, 196 (1st Dept., 1995).

Just as important to the court's inherent and statutory power to determine the
intention of the parties to a contract, both federal and state courts approve of the inherent
power of the judiciary to "employ" its own knowledge, experience and expertise in its
determination of the admissible evidence and conclusion that should be drawn from the
evidence. The knowledge, experience and expertise of this Court in residential and
commercial real estate is fitting and appropriate in this case. In making such an
evaluation, the court itself is an expert and may make an independent judgment of facts
and reconcile any ambiguity. (See Schodnue v. Lek, 283 AD2d 200, 724
N.Y.S.2d 305 (App Div., 1st Dept, 2001) in which the court approved of the use of a
Referee's own knowledge, experience and expertise to assist in determining the time
required to perform legal services and to determine the reasonableness of the claimed fee.
See also Matter of Rahney v. Blun, 95 AD2d 294, 300; Jordan v. Freeman, 40
AD2d 656, 657).

Based upon the above case law, this court is obligated to review the entire
written lease agreement between the parties, not just the provisions that the parties
proffer as evidence in support of their respective claims. Notwithstanding the fact that
the Petitioner, Fred Brenner, in this proceeding was also the former President of the