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INTERPOOL LTD. v. PERDI INS. BROKERS, INC.

191 A.D.2d 405 (1993)

595 N.Y.S.2d 687

Interpool Limited, Respondent, v. Perdi Insurance Brokers, Inc., et al., Appellants, et al., Defendant

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

March 30, 1993

There is no merit to defendant's argument that the court improperly decided, as a matter of law, that defendant was not owed a refund of money advanced conditionally to plaintiff. The agreement is not ambiguous with respect to the one condition under which plaintiff had agreed to return the money. It was defendant's burden to prove that the condition had occurred (see, Lindenbaum v Royco Prop. Corp.,

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