Appellate Division of the Supreme Court of New York, 1994

Winston v. Mezzanine Investments, L.P.

Winston v. Mezzanine Investments, L.P.
Appellate Division of the Supreme Court of New York · Decided April 28, 1994
203 A.D.2d 206; 612 N.Y.S.2d 854
Winston v. Mezzanine Investments, L.P.

Opinion of the Court

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered August 3, 1993, which denied defendants’ motion for summary judgment, unanimously affirmed, without costs.

We agree with the IAS Court that the word "cumulative”, as used in the definition of the term "Priority Return” in the limited partnership agreement, is ambiguous and its intended meaning cannot be construed as a matter of law. Concur— Rosenberger, J. P., Ross, Rubin, Nardelli and Tom, JJ.

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