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FINGUERRA v. STONE

154 A.D.2d 290 (1989)

John Finguerra, Appellant, v. Terri L. Stone, Respondent

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

October 26, 1989

We find that the court properly denied summary judgment. A fair reading of the contract of sale supports finding a triable issue of fact as to whether paragraph 4 of the rider constitutes an escape clause, thus allowing the defendant to unilaterally cancel the sale (Krasne v Gedell, 147 A.D.2d 616, 618). While normally the interpretation of the words in a contract is for the court, the meaning of the clause at issue, to wit: "unable...

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