APF Industries, Inc. v. Mosler Safe Co.

Order and judgment unanimously affirmed, with costs. Memorandum: There are no questions of fact precluding summary judgment in this case involving contract construction. It is the responsibility of the court to interpret written agreements to determine the intent of the parties as derived from the language employed (4 Williston, Contracts [3d ed], §§ 600-601). Where a question of intent is determinable by written agreement, the question is one of law, appropriately decided on a motion for summary judgment (Mallad Constr. Corp. v County Fed. Sav. & Loan Assn., 32 NY2d 285, 291). The disputed…