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GREENFIELD v. PHILLES RECORDS, INC.

23 A.D.3d 214 (2005)

803 N.Y.S.2d 548

RONNIE GREENFIELD et al., Respondents, v. PHILLES RECORDS, INC., et al., Appellants.

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

November 10, 2005.

To the extent any ambiguity might be deemed to exist as to the parties' 1963 agreement regarding the calculation of taxes, the trial court properly construed it against the drafter (Jacobson v Sassower, 66 N.Y.2d 991, 993 [1985]) as requiring that taxes not be taken into consideration when determining, for the purpose of computing royalties due plaintiffs under the agreement, the net retail...

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