Opinion · Appellate Division of the Supreme Court of the State of New York
Rochester Park, Inc. v. City of Rochester
Rochester Park, Inc. v. City of Rochester, 19 A.D.2d 776 (Appellate Division of the Supreme Court of the State of New York 1963)
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 1963-07-01
- Topic
- general
— Order unanimously affirmed, with $25 costs and disbursements. Memorandum: While section 508 ultimately might be found to be unambiguous, “ Even in the ease of an integrated written contract, the meaning of the words may depend upon various surrounding circumstances that are in dispute; the circumstances must be found as a fact before interpretation can proceed.” (3 Corbin, Contracts, § 554, p. 223.) We pass on no other questions. (Appeal from order of Monroe, Special Term, denying defendant’s motion for summary judgment and for a. declaratory judgment.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ. [38 Misc 2d 714.]
Citator
UpLaw has not yet analyzed Rochester Park, Inc. v. City of Rochester. The absence of a flag is not a finding that it is good law.
- Cited by
- 13 opinions
— Order unanimously affirmed, with $25 costs and disbursements. Memorandum: While section 508 ultimately might be found to be unambiguous, “ Even in the ease of an integrated written contract, the meaning of the words may depend upon various surrounding circumstances that are in dispute; the circumstances must be found as a fact before interpretation can proceed.” (3 Corbin, Contracts, § 554, p. 223.) We pass on no other questions. (Appeal from order of Monroe, Special Term, denying defendant’s motion for summary judgment and for a. declaratory judgment.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ. [38 Misc 2d 714.]