Associated Brick Mason Contractors of Greater New York, Inc. v. Murray

Appellate Division of the Supreme Court of New York

Associated Brick Mason Contractors of Greater New York, Inc. v. Murray

249 A.D. 813, 293 N.Y.S. 934, 1937 N.Y. App. Div. LEXIS 9818

Appellate Division of the Supreme Court of the State of New York·Decided January 29, 1937·Published

Opinion

Order unanimously modified by directing an immediate trial of the issues and as so modified affirmed, without costs. Upon full adducement of the facts, including proof of all negotiations which surrounded the execution of the contract, the court may determine the question of ambiguity involved and the intention of the contracting parties with respect to each paragraph of article V of the agreement. The cause is accordingly set down for trial on the day calendar of Special Term, Part III, for February 8, 1937. Present—-Martin, P. J:, O’Malley, Townley, Untermyer and Cohn, JJ.

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Order unanimously modified by directing an immediate trial of the issues and as so modified affirmed, without costs. Upon full adducement of the facts, including proof of all negotiations which surrounded the execution of the contract, the court may determine the question of ambiguity involved and the intention of the contracting parties with respect to each paragraph of article V of the agreement. The cause is accordingly set down for trial on the day calendar of Special Term, Part III, for February 8, 1937. Present—-Martin, P. J:, O’Malley, Townley, Untermyer and Cohn, JJ.

Associated Brick Mason Contractors of Greater New York, Inc. v. Murray, 249 A.D. 813, 293 N.Y.S. 934, 1937 N.Y. App. Div. LEXIS 9818 (N.Y. Ct. App. 1937).

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249 A.D. 813 (Associated Brick Mason Contractors of Greater New York, Inc. v. Murray) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.