ALPHONSE HOTEL CORPORATION v. 76 CORP

The ambiguities in the parties' lease respecting the amount of rent due each month should be construed against the drafter, here defendant tenants (see, Trief v. Elghanayan, 251 A.D.2d 123). Moreover, the court has broad discretion in awarding use and occupancy pendente lite (see, E. 4th St. Garage v. Estate of Berkowitz, 265 A.D.2d 249), and defendants remain free to demonstrate that a lower rate was actually agreed upon and that the landlord's actions prevented them from opening their nightclub until March 1999.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.