Reiner v. Wenig
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for breach of contract, the plaintiffs appeal from so much of an order of the Supreme Court, Suffolk County (Kitson, J.), dated December 11, 1998, as denied their motion for summary judgment.
Ordered that the order is affirmed insofar as appealed from, with costs.
‘While the meaning of a contract is ordinarily a question of law, when a term or clause is ambiguous and the determination of the parties’ intent depends upon the credibility of extrinsic evidence or a choice among inferences to be drawn from extrinsic evidence, then the issue is one of fact”…
2Cases cited4 opinions
- Amusement Business Underwriters v. American International Group, Inc.New York Court of Appeals · 1985
- Yanuck v. Simon Paston & Sons Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Besicorp Group, Inc. v. EnowitzAppellate Division of the Supreme Court of the State of New York · 1997
- Brook Shopping Centers, Inc. v. Allied Stores General Real Estate Co.Appellate Division of the Supreme Court of the State of New York · 1990
3Cited by10 opinions
- Lerer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- DePasquale v. Daniel Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 2003
- Rapp v. 136 Oak Drive AssociatesAppellate Division of the Supreme Court of the State of New York · 2010
- Yerushalmi & Associates, LLP v. Westland Overseas Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- DeFalco v. ParkerAppellate Division of the Supreme Court of the State of New York · 2002
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