Countreyman v. Miller

96 A.D.2d 568, 464 N.Y.S.2d 1016, 1983 N.Y. App. Div. LEXIS 19102

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 25, 1983
• Status: Published

Opinion

— In a negligence action to recover damages for personal injuries, defendants Nancy and Louis Miller appeal from an order of the Supreme Court, Orange County (Gurahian, J.), dated July 6,1982, which denied their motion for summary judgment dismissing the cross claim of defendant Bruyn. Order affirmed, without costs or disbursements. Ambiguities in the contract present triable issues of fact as to the intent of the parties. Therefore, summary judgment was properly denied (see Kalmon Dolgin Co. v Walnut Lanes, 27 AD2d 843). Mollen, P. J., Titone, Weinstein and Rubin, JJ., concur.