Karmely v. Wertheimer

JON O. NEWMAN, Circuit Judge.

This appeal presents the recurring issue of whether relevant documents are ambiguous, precluding their interpretation on a motion to dismiss, but the issue arises in the unusual context of an agreement for a loan from a lender to himself and his partner. A minor though intriguing issue, rarely if ever encountered in a judicial opinion, is whether the character “i” identifying a subparagraph in one of the documents is a lower case letter “i” or a lower case version of a Roman numeral “I,” sometimes referred to as a romanette. 1

Plaintiffs-Appellants Shahab Karmely…