New Dorp Coal Corp. v. Frankel
New Dorp Coal Corp. v. Frankel
24 N.E.2d 326; 281 N.Y. 550; 1939 N.Y. LEXIS 1046
(North Eastern Reporter, Second Series)
New Dorp Coal Corp. v. Frankel
Opinion of the Court
The contract in question is ambiguous. It was, therefore, error to strike out the first affirmative defense in the appellants’ answer and to grant summary judgment in favor of the plaintiff.
The order striking out the first affirmative defense in appellant’s answer should be reversed and the motion denied. Summary judgment in favor of the plaintiff should be reversed and a trial ordered, with costs to abide the event. J. * - •
Crane, Ch. J., Lehman, Hubbs, Loughran, Finch and Rippey, JJ., concur; O’Brien, J., taking no part.
Ordered accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.