KELLMAN v. MOSLEY


60 A.D.3d 457 (2009)

873 N.Y.S.2d 905

JOY KELLMAN, Appellant, v. WALTER MOSLEY, Respondent.

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

Decided March 10, 2009.


Plaintiff contends that the settlement agreement unambiguously entitles her to share in revenues from any "copyrightable element" of the works defendant published during their marriage. The agreement does not expressly say this, and is susceptible to more than one reasonable interpretation. The IAS court therefore properly considered extrinsic evidence on the motion (see Van Wagner Adv. Corp. v S & M Enters., 67 N.Y.2d 186, 190...

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