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ASHWOOD CAPITAL v. OTG MGT.

7011, 7012, 652087/10, 7014.

99 A.D.3d 1 (2012)

948 N.Y.S.2d 292

2012 NY Slip Op 5483

ASHWOOD CAPITAL, INC., Appellant, v. OTG MANAGEMENT, INC., et al., Respondents, et al., Defendants.

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

Decided July 10, 2012.

Attorney(s) appearing for the Case

K & L Gates LLP, New York City ( Michael R. Gordon and Brian D. Koosed of counsel), for appellant.

Morrison & Foerster LLP, New York City ( David J. Fioccola , Dennis P. Orr and Shiri Bilik Wolf of counsel), for respondents.

SWEENY, RENWICK, DEGRASSE and RICHTER, JJ., concur.

OPINION OF THE COURT

SAXE, J.P.

The central issue in this appeal from the dismissal of an action for breach of contract, unjust enrichment and a declaratory judgment is the scope of the parties' 2003 written agreement regarding the right to operate concessions within the JetBlue terminal at John F. Kennedy Airport (JFK). We are asked to determine whether the agreement's repeated use of the term "Terminal 6" unambiguously limited the scope of the contract...

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