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TRIEF v. ELGHANAYAN

251 A.D.2d 123 (1998)

674 N.Y.S.2d 310

Ted Trief et al., Appellants, v. Shirley Elghanayan, Also Known as Shirley Elghanayan-Krayem, Respondent

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

June 16, 1998

It is well-settled that "[i]n cases of doubt or ambiguity, a contract must be construed most strongly against the party who prepared it, and favorably to a party who had no voice in the selection of its language [citations omitted]" (Jacobson v Sassower, 66 N.Y.2d 991, 993). Therefore, insofar as that part of the parties' retainer agreement providing that plaintiffs' fee was to be "12½% of any recovery, whether in cash, property...

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