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PETER DOHR CONSTR. CO., INC. v. MERCURY DEV. CORP.

27 A.D.2d 978 (1967)

Peter Dohr Construction Co., Inc., Appellant, v. Mercury Development Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 6, 1967

Order unanimously affirmed, with costs.

Memorandum:

It may well be that in denying the motion for summary judgment without stating the reasons therefor, Special Term felt that the contract was ambiguous and a trial was necessary to receive evidence which would make clear the intention of the parties (Spencer v. Childs, 1 N.Y.2d 103, 107; Lachs v. Fidelity & Cas. Co., 306 N.Y. 357

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