Rochester Park, Inc. v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously affirmed, with $25 costs and disbursements. Memorandum: While section 508 ultimately might be found to be unambiguous, “ Even in the ease of an integrated written contract, the meaning of the words may depend upon various surrounding circumstances that are in dispute; the circumstances must be found as a fact before interpretation can proceed.” (3 Corbin, Contracts, § 554, p. 223.) We pass on no other questions. (Appeal from order of Monroe, Special Term, denying defendant’s motion for summary judgment and for a. declaratory judgment.) Present — Williams, P. J., Bastow,…
2Cases cited1 opinion
- Rochester Park, Inc. v. City of RochesterNew York Supreme Court · 1963
3Cited by12 opinions
- Eskimo Pie Corporation v. Whitelawn Dairies, Inc.District Court, S.D. New York · 1968
- Frank Lowell v. Twin Disc, IncorporatedCourt of Appeals for the Second Circuit · 1975
- Niagara Mohawk Power Corp. v. Graver Tank & Manufacturing Co.District Court, N.D. New York · 1979
- Seaward Construction Co. v. City of RochesterSupreme Court of New Hampshire · 1978
- Goodstein Construction Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
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