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NOVA CAS. CO. v. PETER THOMAS ROTH LABS, LLC

10512. 152807/14.

178 A.D.3d 468 (2019)

111 N.Y.S.3d 535

2019 NY Slip Op 08785

Nova Casualty Company, Respondent, v. Peter Thomas Roth Labs, LLC, Appellant.

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

Decided December 5, 2019.

Attorney(s) appearing for the Case

Denis G. Kelly & Associates, P.C., Long Beach ( Denis G. Kelly of counsel), for appellant.

Malloy & Associates, W. Simsbury, CT ( John P. Malloy of the bar of the State of Connecticut, admitted pro hac vice, of counsel), for respondent.

Concur—Richter, J.P., Gische, Webber, Gesmer, JJ.

We already held in Heartland Brewery, Inc. v Nova Cas. Co. (149 A.D.3d 522 [1st Dept 2017]) that the provision at issue on this appeal is ambiguous. In such a situation, "the parties may submit extrinsic evidence as an aid in construction, and the resolution of the ambiguity is for the trier of fact" (State of New York v Home Indem. Co., 66 N.Y.2d 669, 671 [1985] [citation omitted]).

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