Appellate Division of the Supreme Court of New York, 1983

Countreyman v. Miller

Countreyman v. Miller
Appellate Division of the Supreme Court of New York · Decided July 25, 1983
96 A.D.2d 568; 464 N.Y.S.2d 1016; 1983 N.Y. App. Div. LEXIS 19102
Countreyman v. Miller

Opinion of the Court

— In a negligence action to recover damages for personal injuries, defendants Nancy and Louis Miller appeal from an order of the Supreme Court, Orange County (Gurahian, J.), dated July 6,1982, which *569denied their motion for summary judgment dismissing the cross claim of defendant Bruyn. Order affirmed, without costs or disbursements. Ambiguities in the contract present triable issues of fact as to the intent of the parties. Therefore, summary judgment was properly denied (see Kalmon Dolgin Co. v Walnut Lanes, 27 AD2d 843). Mollen, P. J., Titone, Weinstein and Rubin, JJ., concur.

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