Appellate Division of the Supreme Court of New York, 1963

Rochester Park, Inc. v. City of Rochester

Rochester Park, Inc. v. City of Rochester
Appellate Division of the Supreme Court of New York · Decided July 1, 1963
19 A.D.2d 776; 241 N.Y.S.2d 763; 1963 N.Y. App. Div. LEXIS 3433
Rochester Park, Inc. v. City of Rochester

Opinion of the Court

— 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.]

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