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NAT'L BANK OF NORTH AM. v. MARSAN MGMT., INC.

97 A.D.2d 709 (1983)

National Bank of North America, Appellant, v. Marsan Management, Inc., et al., Respondents

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

November 10, 1983

Even where a written instrument is ambiguous on its face "in the absence of any tender in the motion papers of extrinsic evidence to resolve the ambiguity, the issue is one of law to be determined by the court" (Olson Enterprises v Agway, Inc., 55 N.Y.2d 659, 661; accord Mallad Constr. Corp. v County Fed. Sav. & Loan Assn., 32 N.Y.2d 285, 290). Here the body of the note says in words...

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