Marfurt v. College Park Associates

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in awarding plaintiff damages for the extra cost of rock removal on work performed under the contract. Contrary to plaintiffs contention, the language of the contract, which provides for "[s]ite cuts and fill”, with "[n]o blasting”, is unambiguous. The question whether a contract term is ambiguous is one of law to be resolved by the court. The rules governing the construction of an ambiguous contract are not triggered unless the court first finds an…