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MANCHESTER TECHNOLOGIES, INC. v. DIDATA (NY) INC.

303 A.D.2d 726 (2003)

757 N.Y.S.2d 439

MANCHESTER TECHNOLOGIES, INC., Formerly Known as MANCHESTER EQUIPMENT CO., INC., Respondent, v. DIDATA (NY) INC., Doing Business as DAILY BUSINESS PRODUCTS, INC., Appellant.

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

Decided March 31, 2003.

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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