WHITE PLAINS EQUITIES ASSOCIATES, INC. v. VISTA DEVELOPERS CORP.

3080, 302951/08.

82 A.D.3d 569 (2011)

918 N.Y.S.2d 484

WHITE PLAINS EQUITIES ASSOCIATES, INC., Respondent, v. VISTA DEVELOPERS CORP., Appellant.

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

Decided March 22, 2011.


The parties' written agreement for the purchase and sale of certain real property is ambiguous in pertinent part and, therefore, cannot be construed as a matter of law. Accordingly, absent a more fully developed record containing parol evidence of the parties' intentions at the time of contracting, neither party is entitled to summary judgment declaring whether defendant buyer validly exercised a right of termination conferred on it by the agreement. The issues to be resolved...

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