RICHARDSON v. DORATO


92 A.D.2d 687 (1983)

Ronald Richardson, as Parent and Natural Guardian of Craig B. Richardson and Another, Infants, Appellant, v. Thomas J. Dorato, Respondent

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

February 17, 1983


Plaintiff argues that the December 1, 1970 agreement did not supersede the April 15, 1970 agreement because the intent of the parties to cancel the earlier agreement is ambiguous and because the provisions of an earlier agreement which are not contrary to a later agreement survive the later agreement. We disagree. The rule to be followed in construing contracts is well established. "[W]hen the terms of a written contract are clear and unambiguous, the intent of the parties...

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