Legal Opinion
DePasquale v. Daniel Realty Associates
Appellate Division of the Supreme Court of the State of New York
Decided April 14, 2003PublishedCited by 8 opinions
1Opinion of the Court
In an action, inter alia, for an accounting, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Burke, J.), entered December 21, 2001, as denied his motion for summary judgment. Justice Smith has been substituted for the late Justice O’Brien (see 22 NYCRR 670.1 [c]).
Ordered that the order is affirmed insofar as appealed from, with costs.
It is well settled that when the language of a contract is ambiguous, its construction presents a question of fact which may not be resolved by the court on a motion for summary judgment (see Amusement Bus. Underwriters v…
2Cases cited4 opinions
- Amusement Business Underwriters v. American International Group, Inc.New York Court of Appeals · 1985
- Icon Motors, Inc. v. Empire State Datsun, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Reiner v. WenigAppellate Division of the Supreme Court of the State of New York · 2000
- Federated Associates v. Pergament Distributors, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by8 opinions
- Shadlich v. Rongrant Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Vale v. 221 Thompson, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- McMorrow v. AngelopoulosAppellate Division of the Supreme Court of the State of New York · 2014
- County of Orange v. Carrier Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- DiLorenzo v. Estate Motors, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
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