LYON v. LYON


253 A.D.2d 415 (1998)

675 N.Y.S.2d 896

Floyd Lyon, Appellant, v. Christina Lyon, Respondent

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

August 3, 1998


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly interpreted the mortgage and note by referring to the judgment of divorce and other documents (see, Restatement [Second] of Contracts §§ 210, 215, 216; see also, Nau v Vulcan Rail & Constr. Co., 286 N.Y. 188). We agree with the Supreme Court that there are issues of fact which preclude granting...

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