Winston v. Mezzanine Investments, L.P.

Appellate Division of the Supreme Court of New York

Winston v. Mezzanine Investments, L.P.

203 A.D.2d 206, 612 N.Y.S.2d 854

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

DecidedApril 28, 1994

StatusPublished

Cited by1 cases

This text of 203 A.D.2d 206 (Winston v. Mezzanine Investments, L.P.) 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

Winston v. Mezzanine Investments, L.P., 203 A.D.2d 206, 612 N.Y.S.2d 854 (N.Y. Ct. App. 1994).

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Opinion

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered August 3, 1993, which denied defendants’ motion for summary judgment, unanimously affirmed, without costs.

We agree with the IAS Court that the word "cumulative”, as used in the definition of the term "Priority Return” in the limited partnership agreement, is ambiguous and its intended meaning cannot be construed as a matter of law. Concur— Rosenberger, J. P., Ross, Rubin, Nardelli and Tom, JJ.

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—Order, Supreme Court, New York County (Elliott Wilk, J.), entered August 3, 1993, which denied defendants’ motion for summary judgment, unanimously affirmed, without costs.

We agree with the IAS Court that the word "cumulative”, as used in the definition of the term "Priority Return” in the limited partnership agreement, is ambiguous and its intended meaning cannot be construed as a matter of law. Concur— Rosenberger, J. P., Ross, Rubin, Nardelli and Tom, JJ.

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Bluebook (online)

203 A.D.2d 206, 612 N.Y.S.2d 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winston-v-mezzanine-investments-lp-nyappdiv-1994.

Opinion

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