Levey v. A. Leventhal & Sons, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: "The proper inquiry in determining whether a contract is ambiguous is 'whether the agreement on its face is reasonably susceptible of more than one interpretation’ (Chimart Assocs. v Paul, 66 NY2d 570, 573)” (Arrow Communication Labs, v Pico Prods., 206 AD2d 922, 922-923). In seeking summary judgment, both parties bore the burden of establishing that their construction of the employment agreement "is the only construction which can fairly be placed thereon” (Utica Carting,…
2Cases cited9 opinions
- Chimart Associates v. PaulNew York Court of Appeals · 1986
- Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
- Apple Records, Inc. v. Capitol Records, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Arrow Communication Laboratories, Inc. v. Pico Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Leon v. LukashAppellate Division of the Supreme Court of the State of New York · 1986
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- St. Mary v. Paul Smith's College of Arts & SciencesAppellate Division of the Supreme Court of the State of New York · 1998
- Main Evaluations, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 2002
- TSR Consulting Services, Inc. v. SteinhouseAppellate Division of the Supreme Court of the State of New York · 1999
6 more not listed; retrieve them via the Exa API.