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...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.