Telematrix Communications Corp. v. Jardine Group Services Corp.

Appellate Division of the Supreme Court of New York

Telematrix Communications Corp. v. Jardine Group Services Corp.

213 A.D.2d 303, 624 N.Y.S.2d 829, 1995 N.Y. App. Div. LEXIS 3041

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

DecidedMarch 23, 1995

StatusPublished

This text of 213 A.D.2d 303 (Telematrix Communications Corp. v. Jardine Group Services Corp.) 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.

Bluebook

Telematrix Communications Corp. v. Jardine Group Services Corp., 213 A.D.2d 303, 624 N.Y.S.2d 829, 1995 N.Y. App. Div. LEXIS 3041 (N.Y. Ct. App. 1995).

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Opinion

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered September 28, 1993, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The agreement in issue states clearly and unambiguously that the life of the contract is 36 months. The only reasonable interpretation is that the entire contract would last 36 months, from the date of its execution and not, as plaintiff argues, from the date of the implementation of any cost-cutting suggestions made by plaintiff (see, Breed v Insurance Co., 46 NY2d 351, 355). The courts will not rewrite an unam[304]*304biguous contract. Concur—Rosenberger, J. P., Rubin, Ross, Nardelli and Williams, JJ.

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—Order, Supreme Court, New York County (Ira Gammerman, J.), entered September 28, 1993, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The agreement in issue states clearly and unambiguously that the life of the contract is 36 months. The only reasonable interpretation is that the entire contract would last 36 months, from the date of its execution and not, as plaintiff argues, from the date of the implementation of any cost-cutting suggestions made by plaintiff (see, Breed v Insurance Co., 46 NY2d 351, 355). The courts will not rewrite an unam[304]*304biguous contract. Concur—Rosenberger, J. P., Rubin, Ross, Nardelli and Williams, JJ.

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Bluebook (online)

213 A.D.2d 303, 624 N.Y.S.2d 829, 1995 N.Y. App. Div. LEXIS 3041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/telematrix-communications-corp-v-jardine-group-services-corp-nyappdiv-1995.

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