White Plains Equities Associates Inc. v. Vista Developers Corp.

The parties’ written agreement for the purchase and sale of certain real property is ambiguous in pertinent part and, therefore, cannot be construed as a matter of law. Accordingly, absent a more fully developed record containing parol evidence of the parties’ intentions at the time of contracting, neither party is entitled to summary judgment declaring whether defendant buyer validly exercised a right of termination conferred on it by the agreement. The issues to be resolved in further proceedings upon remand include, at a minimum, the following: (1) whether the seller’s service of the…