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DE BENEDICTIS v. RAHBAR

269 A.D.2d 134 (2000)

702 N.Y.S.2d 291

ROBERT DE BENEDICTIS et al., Respondents, v. MASSAUD RAHBAR, Appellant.

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

Decided February 1, 2000.

The grant of plaintiff's motion for partial summary judgment as to liability was correct since it rested upon an interpretation of the parties' agreements that was consistent with the parties' intent as made clearly manifest in the terms of such agreements (see, e.g., U. S. Bldg. Maintenance Co. v State of New York, 65 A.D.2d 892).

The motion court should have found that defendant...

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