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TOWN OF PATTERSON v. HAUSER

33 A.D.3d 787 (2006)

822 N.Y.S.2d 609

TOWN OF PATTERSON, Plaintiff, v. KENNETH HAUSER et al., Defendants and Third-Party Plaintiffs-Respondents. REILLY CONSTRUCTION, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided October 17, 2006.

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

We agree with the Supreme Court that, under the circumstances of this case, the release prepared by the appellant is ambiguous. The ambiguities contained therein cannot be resolved in the appellant's favor as a matter of law (see Frost v Budget Car & Truck Rental, 15 A.D.3d 963 [2005]; Mejia v Trustees of Net Realty Holding Trust, ...

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