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SCHINDLER EL v. 475 PARK AVE.

571112/12.

39 Misc.3d 18 (2013)

963 N.Y.S.2d 812

2013 NY Slip Op 23069

SCHINDLER ELEVATOR CORPORATION, Respondent, v. 475 PARK AVENUE SO. CO. et al., Appellants, et al., Defendant.

Supreme Court, Appellate Term, First Department.

March 12, 2013.

Attorney(s) appearing for the Case

Harwood Reiff LLC, New York City ( Donald A. Harwood of counsel), for appellants. Law Offices of Edward Weissman, New York City ( Edward Weissman of counsel), for respondent.

OPINION OF THE COURT

Per Curiam.

Order, entered September 21, 2012, reversed, with $10 costs, motion denied and defendants-appellants' counterclaims reinstated.

The disputed language contained in article 7 of the governing elevator maintenance agreement — amorphously headed "Responsibility" — is ambiguous, i.e., "reasonably susceptible of more than one interpretation" (One Hundred Grand, Inc. v Chaplin, 70 A...

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