Platsky v. Island Hills Golf Club, Inc.

Appellate Division of the Supreme Court of New York

Platsky v. Island Hills Golf Club, Inc.

260 A.D.2d 640, 687 N.Y.S.2d 272, 1999 N.Y. App. Div. LEXIS 4307

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 26, 1999

StatusPublished

This text of 260 A.D.2d 640 (Platsky v. Island Hills Golf Club, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Platsky v. Island Hills Golf Club, Inc., 260 A.D.2d 640, 687 N.Y.S.2d 272, 1999 N.Y. App. Div. LEXIS 4307 (N.Y. Ct. App. 1999).

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Opinion

—Appeal by Island Hills Golf Club, Inc., from a judgment of the Supreme Court, Suffolk County (Seidell, J.), entered July 10, 1998, which declared that Irving Platsky is an auxiliary member of Island Hills Golf Club, Inc.

[641]*641Ordered that the judgment is affirmed, with costs.

The Supreme Court properly construed any ambiguity in the use of the word “moves” in Paragraph 11 (b) (i) of the Founding Charter Member Proposal against Island Hills Golf Club, Inc. (hereinafter Island Hills), the entity that prepared the document, and in favor of Irving Platsky (see, Jacobson v Sassower, 66 NY2d 991). Furthermore, since Island Hills failed to request a hearing to determine the proper construction of the disputed term, it waived any right it had to a hearing on this matter (see, Lynch v Lynch, 97 AD2d 814). Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.

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—Appeal by Island Hills Golf Club, Inc., from a judgment of the Supreme Court, Suffolk County (Seidell, J.), entered July 10, 1998, which declared that Irving Platsky is an auxiliary member of Island Hills Golf Club, Inc.

[641]*641Ordered that the judgment is affirmed, with costs.

The Supreme Court properly construed any ambiguity in the use of the word “moves” in Paragraph 11 (b) (i) of the Founding Charter Member Proposal against Island Hills Golf Club, Inc. (hereinafter Island Hills), the entity that prepared the document, and in favor of Irving Platsky (see, Jacobson v Sassower, 66 NY2d 991). Furthermore, since Island Hills failed to request a hearing to determine the proper construction of the disputed term, it waived any right it had to a hearing on this matter (see, Lynch v Lynch, 97 AD2d 814). Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.

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260 A.D.2d 640, 687 N.Y.S.2d 272, 1999 N.Y. App. Div. LEXIS 4307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/platsky-v-island-hills-golf-club-inc-nyappdiv-1999.

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