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CONSIDAR, INC. v. EQUIPMENT AND PARTS EXPORT, INC.

271 A.D.2d 288 (2000)

706 N.Y.S.2d 633

CONSIDAR, INC., et al., Respondents-Appellants, v. EQUIPMENT AND PARTS EXPORT, INC., et al., Appellants-Respondents.

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

Decided April 13, 2000.

The trial court properly found that EPE and MRM's contract was not ambiguous and, accordingly, properly excluded testimony on the parties' intent (see, Matter of Wallace v 600 Partners Co., 86 N.Y.2d 543, 548). MRM and Considar's litigation agreement did not amount to an impermissible collusive Mary Carter agreement since MRM did not agree to feign a defense so as to minimize its liability while at the same time increasing...

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