Appellate Division of the Supreme Court of New York, 1998

W.A. Bayer Realtors, Inc. v. W. E. Pearse, Inc.

Appellate Division of the Supreme Court of New York · Decided December 31, 1998

256 A.D.2d 1164; 682 N.Y.S.2d 363; 1998 N.Y. App. Div. LEXIS 14293

Cases that cite this one

2 later published cases cite this decision.

Fisher v. A.W. Miller Technical Sales, Inc. (Appellate Division of the Supreme Court of New York 2003)
Hamburg v. American Ref-Fuel Co. (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiffs motion and defendant’s cross motion for summary judgment. Because the parties’ agreement is ambiguous and “determination of the intent of the parties depends on the credibility of extrinsic evidence or on a choice among reasonable inferences to be drawn from extrinsic evidence,” summary judgment is inappropriate (Hartford Acc. & Indem. Co. v Wesolowski, 33 NY2d 169, 172).

*1165(Appeals from Order of Supreme Court, Livingston County, Cicoria, J. — Summary Judgment.) Present — Denman, P. J., Green, Hayes, Balio and Boehm, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.