New York Court of Appeals, 1939

New Dorp Coal Corp. v. Frankel

New Dorp Coal Corp. v. Frankel
New York Court of Appeals · Decided November 28, 1939 · <italic>Per Curiam.</italic>
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

Per Curiam.

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.

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