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DAVID KASSAB et al., Appellants, v. MARCO SHOES INC., Also Known as MARKO SHOES INC., et al., Respondents.

Herman Cahn, J.

The awards of summary judgment were proper in light of the plain meaning of the subject sublease agreement pursuant to which plaintiff over tenant Paris Fashion accorded defendant subtenant Marco Shoes Inc. exclusive possession of the premises ( see, Pharmaceutical Horizons v Sterling Drug, 127 A.D.2d 514, 515, lv dismissed 69 N.Y.2d 984). Plaintiffs failed to raise any issue as to whether the sublease was tainted by misrepresentation or fraud, and if plaintiffs' principal was not sufficiently proficient in English to understand the significance of the sublease, it was incumbent upon him to make a reasonable effort to have the document explained to him ( see, Sofio v Hughes, 162 A.D.2d 518, 520, lv denied 76 N.Y.2d 712).

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KASSAB v. MARCO SHOES INC
(Apr 17, 2001)