Legal Opinion

Niagara Frontier Transit Metro System, Inc. v. County of Erie

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

Decided February 3, 1995PublishedCited by 13 opinions

1Opinion of the Court

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff, Niagara Frontier Transit Metro System, Inc. (Metro), is entitled to summary judgment on its causes of action for breach of contract. Where the contract is unambiguous on its face, it should be construed as a matter of law and summary judgment is appropriate (see, W.W.W. Assocs. v Giancontieri, 77 NY2d 157, 162; Smith v Estate of LaTray, 161 AD2d 1178). We conclude that the contract language is clear and unambiguous and that there is no reasonable interpretation…

2Cases cited5 opinions

  1. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  2. People v. KennedyNew York Court of Appeals · 1986
  3. Spiegelberg v. GomezNew York Court of Appeals · 1978
  4. Elkaim v. ElkaimAppellate Division of the Supreme Court of the State of New York · 1991
  5. Smith v. Estate of LaTrayAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by13 opinions

  1. Delaware Trust Co. v. Energy Future Intermediate Holding Co. (In re Energy Future Holdings Corp.)United States Bankruptcy Court, D. Delaware · 2015
  2. Delaware Trust Co. v. Wilmington Trust, N.A. (In re Energy Future Holdings Corp.)United States Bankruptcy Court, D. Delaware · 2016
  3. Manzo v. GrossAppellate Division of the Supreme Court of the State of New York · 2005
  4. Well Luck Co., Inc. v. FC GERLACH & CO. INC.District Court, E.D. New York · 2005
  5. Computershare Trust Co. v. Energy Future Intermediate Holding Co. (In re Energy Future Holdings Corp.)United States Bankruptcy Court, D. Delaware · 2015

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