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REINER v. WENIG

269 A.D.2d 379 (2000)

702 N.Y.S.2d 862

ROBERT REINER et al., Appellants, v. CAROL WENIG, as Executor of JEFFREY WENIG, Deceased, Respondent.

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

Decided February 7, 2000.

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

"While the meaning of a contract is ordinarily a question of law, when a term or clause is ambiguous and the determination of the parties' intent depends upon the credibility of extrinsic evidence or a choice among inferences to be drawn from extrinsic evidence, then the issue is one of fact" (Amusement Bus. Underwriters v American Intl. Group, 66 N.Y.2d 878

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