Escobar v. Gonzalez

—Order, Supreme Court, New York County (Walter Tolub, J.), entered June 22, 1999, which found that defendant-appellant breached the parties’ settlement agreement in failing to timely transfer shares of stock to plaintiff-respondent wife and awarded plaintiff wife the sum of $9,350 in damages, unanimously reversed, on the law, without costs, that portion of the order awarding damages vacated, and the matter remitted for directions for the respondent to refund the sum of $9,350 to appellant.

The question whether a contract provision is ambiguous is one of law to be resolved by the court (see,…