O'BRIEN v. ROSE


34 A.D.2d 724 (1970)

Rita R. O'Brien, as General Guardian of Thomas C. Rose, Jr., and as Administratrix of The Estate of Susan C. Rose, Deceased, Appellant, v. Estate of Thomas C. Rose, Respondent

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

April 2, 1970


Order unanimously modified so as to deny summary judgment to defendant and dismissal of the complaint, and otherwise affirmed. Judgment unanimously reversed, with costs to plaintiff-appellant.

Memorandum:

We agree with defendant's argument at Special Term that the paragraph of the separation agreement upon which plaintiff relies is ambiguous and that evidence may be available to aid in its construction. Under such circumstances summary judgment should not...

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