Schuler-Haas Electric Co. v. Aetna Casualty & Surety Co.

Memorandum. The order of the Appellate Division should be affirmed.

The affidavits submitted by the parties on plaintiff’s motion for summary judgment tender no admissible proof of evidentiary facts relevant to the resolution of the asserted ambiguity in the terms of the payment bond. The present intervenors are of course bound by the record as they find it. Absent any relevant extrinsic evidence or the anticipation of the availability thereof, the resolution of any ambiguity in the written contract between the parties is to be determined by the court as a matter of law. (Hartford Acc. & Ind.…