Rochester Park, Inc. v. City of Rochester
This text of 19 A.D.2d 776 (Rochester Park, Inc. v. City of Rochester) 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.
Opinion
— Order unanimously affirmed, with $25 costs and disbursements. Memorandum: While section 508 ultimately might be found to be unambiguous, “ Even in the ease of an integrated written contract, the meaning of the words may depend upon various surrounding circumstances that are in dispute; the circumstances must be found as a fact before interpretation can proceed.” (3 Corbin, Contracts, § 554, p. 223.) We pass on no other questions. (Appeal from order of Monroe, Special Term, denying defendant’s motion for summary judgment and for a. declaratory judgment.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ. [38 Misc 2d 714.]
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Cite This Page — Counsel Stack
19 A.D.2d 776, 241 N.Y.S.2d 763, 1963 N.Y. App. Div. LEXIS 3433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rochester-park-inc-v-city-of-rochester-nyappdiv-1963.