Legal Opinion · Dissent

Brad H. v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided August 10, 2010Published

1Dissent

Tom, J.P. (dissenting).

I see no reason to engage in speculation with respect to when monitoring of the City’s discharge planning services commenced under the terms of the parties’ stipulated settlement of January 8, 2003.

The interpretation of an agreement is governed by straightforward rules. The best indication of what the parties intended by their agreement is to be found in its language (see Slamow v Del Col, 79 NY2d 1016, 1018 [1992]). The objective of a court “in searching for the probable intent of the parties ... is a practical interpretation of the expressions of the parties to the…

2Cases cited10 opinions

  1. Sutton v. East River Savings BankNew York Court of Appeals · 1982
  2. Old Colony Trust Co. v. City of OmahaSupreme Court of the United States · 1913
  3. Slamow v. Del ColNew York Court of Appeals · 1992
  4. Andon v. 302-304 Mott Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
  5. Webster's Red Seal Publications, Inc. v. Gilberton World-Wide Publications, Inc.Appellate Division of the Supreme Court of the State of New York · 1979

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API