Legal Opinion
Yerushalmi & Associates, LLP v. Westland Overseas Corp.
Appellate Division of the Supreme Court of the State of New York
Decided September 26, 2005PublishedCited by 6 opinions
1Opinion of the Court
In an action to recover legal fees allegedly due and owing, the defendants appeal from an order of the Supreme Court, Nassau County (Joseph, J.), dated January 16, 2004, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
When the language of a contract is ambiguous, its construction presents a question of fact which may not be resolved by the court on a motion for summary judgment (see DePasquale v Daniel Realty Assoc., 304 AD2d 613 [2003]; Amusement Bus. Underwriters v American Intl. Group, 66 NY2d 878, 880 [1985]). Here,…
2Cases cited5 opinions
- Amusement Business Underwriters v. American International Group, Inc.New York Court of Appeals · 1985
- Reiner v. WenigAppellate Division of the Supreme Court of the State of New York · 2000
- DePasquale v. Daniel Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 2003
- Lewis v. Agency Rent-A-CarAppellate Division of the Supreme Court of the State of New York · 1990
- Plaza Investments v. KimAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by6 opinions
- Analisa Salon, Ltd. v. Elide Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- County of Orange v. Carrier Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Corrado v. East End Pool & Hot Tub, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Sheriff Officers Ass'n v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2010
- Town of Riverhead v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2009
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