Rochester Park, Inc. v. City of Rochester

Appellate Division of the Supreme Court of New York

Rochester Park, Inc. v. City of Rochester

19 A.D.2d 776, 241 N.Y.S.2d 763, 1963 N.Y. App. Div. LEXIS 3433

Appellate Division of the Supreme Court of the State of New York·Decided July 1, 1963·Published·Cited by 13 cases

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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— 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.]

Rochester Park, Inc. v. City of Rochester, 19 A.D.2d 776, 241 N.Y.S.2d 763, 1963 N.Y. App. Div. LEXIS 3433 (N.Y. Ct. App. 1963).

Pincite

19 A.D.2d 776 (Rochester Park, Inc. v. City of Rochester) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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