Schindler Elevator Corp. v. 475 Park Avenue So. Co.

OPINION OF THE COURT

Order, entered September 21, 2012, reversed, with $10 costs, motion denied and defendants-appellants’ counterclaims reinstated.

The disputed language contained in article 7 of the governing elevator maintenance agreement — amorphously headed “Responsibility” — is ambiguous, i.e., “reasonably susceptible of more than one interpretation” (One Hundred Grand, Inc. v Chaplin, 70 AD3d 513, 513 [2010], quoting Chimart Assoc. v Paul, 66 NY2d 570, 573 [1986]). The language under scrutiny, read literally and broadly, as urged by plaintiff, can be interpreted as limiting plaintiffs…