Appellate Division of the Supreme Court of New York, 2014

Merrill Lynch Mortgage Investors Trust, Series 2006-RM4 v. Merrill Lynch Mortgage Lending, Inc.

Merrill Lynch Mortgage Investors Trust, Series 2006-RM4 v. Merrill Lynch Mortgage Lending, Inc.
Appellate Division of the Supreme Court of New York · Decided June 17, 2014 · Andrias, Kapnick, Renwick, Richter, Sweeny
118 A.D.3d 555; 987 N.Y.S.2d 158
Merrill Lynch Mortgage Investors Trust, Series 2006-RM4 v. Merrill Lynch Mortgage Lending, Inc.

Opinion of the Court

Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered September 28, 2013, which, to the extent appealed from as limited by the briefs, denied defendants’ motion to dismiss the breach of contract claims as against Merrill Lynch Mortgage Lending, Inc., unanimously affirmed, without costs.

*556We affirm, for reasons different from those given by the motion court. The contract provision at issue is ambiguous, and therefore its meaning cannot be determined without reference to extrinsic evidence (see Chimart Assoc. v Paul, 66 NY2d 570, 572-573 [1986]).

Concur — Sweeny, J.P., Renwick, Andrias, Richter and Kapnick, JJ.

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